The British Columbia Court of Appeal’s decision in Roy v Kretschmer, 2014 BCCA 429 provides guidance on the element of reliance in the tort of deceit. It also holds that a contractual clause limiting liability is unenforceable even where the breaching party did not commit a criminal act or egregious fraud.
This decision is of interest to Canadian businesses because it suggests that where a contract has been breached, the breaching party can be sued in tort for hiding the circumstances of the breach if the non-breaching party relies on the breaching party’s fraudulent silence or misrepresentations. Further, in … Continue Reading
What law should a Court apply when determining whether to pierce the corporate veil of a foreign corporation? How much deference should an appellate Court give to a lower Court’s findings regarding the appropriate jurisdiction to adjudicate a case? What law applies to transnational tortious misrepresentations? These are among the many conflict of laws issues addressed by the UK Supreme Court recently in VTB Capital plc v. Nutritek International Corp. The decision in VTB is relevant to the evolving conflict of laws jurisprudence in Canada.
Although very nuanced, the salient jurisdictional facts of the VTB case are, briefly stated, as … Continue Reading