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March 2022 - 10 min read. In 2020 and 2021, two significant Supreme Court of Canada cases, Callow Inc. v. Zollinger and Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District, clarified and confirmed the duty of good faith and honest contract performance. These cases have since been followed several times in Alberta and Canada ...
Jan 20, 2021 · On September 12, 2013, Zollinger informed Callow via email that Baycrest no longer required Callow’s services for the 2013-2014 season (Callow SCC, para 14). As a result, Callow claimed a breach of contract, alleging: Baycrest was unjustly enriched due to the free services that Callow provided in summer 2013.
- Contents
- Good Faith in Contracts
- Securities Disclosure Requirements and Role of Special Committees
- Enforcement of Arbitration Agreements
- Pandemic: Refusal to Close Transaction
- Waiver of Tort
- Canadian Court Jurisdiction Regarding Alleged Foreign Conduct
- Review of Administrative (Regulatory) Decisions: Standard of Review
- Litigation Funding
- Additional Resources
Good faith in contracts - C.M. Callow Inc. v. ZollingerSecurities disclosure requirements and role of special committees - The Catalyst Capital Group Inc. (Re),2020 ONSEC 6Enforcement of arbitration agreements - Uber Technologies Inc. v. Heller, 2020 SCC 16Pandemic: Refusal to close transaction - Fairstone Financial Holdings Inc. v. Duo Bank of CanadaC.M. Callow Inc. v. Zollinger In its recent decision in C.M. Callow Inc. v. Zollinger, the Supreme Court of Canada recognized that the duty of good faithin contractual performance requires one party per contract to correct a reasonable misapprehension its deceptive representations induced in the other party.
The Catalyst Capital Group Inc. (Re),2020 ONSEC 6 The reasons for the decision of the Ontario Securities Commission (the Commission) in (Re) The Catalyst Capital Group Inc.discuss important disclosure requirements and obligations relating to the role of special committees in material conflict of interest transactions.
Uber Technologies Inc. v. Heller, 2020 SCC 16 In Uber Technologies Inc. v. Heller,2020 SCC 16, issued on 26 June 2020, a majority of the Supreme Court of Canada (SCC) invalidated the arbitration agreement between Uber and drivers who subscribe to Uber’s ride or delivery-origination software.
Fairstone Financial Holdings Inc. v. Duo Bank of Canada In its recent decision in Fairstone Financial Holdings Inc. v. Duo Bank of Canada, the Ontario Superior Court ordered specific performance and required a buyer to complete a share purchase transaction. The Court held that while the COVID-19 pandemic constituted a material adverse effect as def...
Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19 In Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19, the Supreme Court of Canada has refused to certify a class action, which alleged that video lottery terminal games were illegal. Importantly, the Supreme Court clarified that the doctrine of “waiver of tort” is not an independent cause of a...
Nevsun Resources Ltd. v. Araya(SCC, BCCA) In its February 28, 2020 decision in Nevsun Resources Ltd. v. Araya, the majority of the Supreme Court of Canada (the Court) dismissed a motion to strike a proceeding started against Nevsun Resources Ltd. (Nevsun) for actions that took place in Eritrea, opening the door for litigation in Canada to hold corp...
Alexis v. Alberta (Environment and Parks), 2020 ABCA 188 Alexis v. Alberta (Environment and Parks) provides guidance from the Alberta Court of Appeal regarding judicial review of administrative decisions following the landmark ruling in Canada (Minister of Citizenship and Immigration) v. Vavilov (Vavilov).
9354-9186 Québec inc. v. Callidus Capital Corp This case relates to an ongoing proceeding instituted under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36 (CCAA), in which a single supervising judge in Quebec has been responsible for its oversight. In this capacity, the judge made numerous discretionary decisions. One of those decisi...
Here are some other recent BLG thought leadership articles on related topics: 1. Supreme Court of Canada revisits good faith in contracts 2. Court guidance on application of MAE and ordinary course provisions in M&A deals
The purpose of this paper is to examine what interests may be recovered for the breach of contract and how restitutionary remedies interact with contract. Generally, it can be said that there are three principal interests which may be protected through the award of contract damages:1. 1. 2.
Civil law, historically related to French law, is used for law about contracts in Quebec. Common law, historically related to English law, is used in the rest of Canada. Even though this case was decided under the law of Ontario, the majority looked at civil law sources from Quebec to help illustrate how the case should be decided in the common law.
Nov 21, 2014 · In Bhasin v Hrynew, [1] a unanimous Supreme Court of Canada recognized that good faith contractual performance is a general organizing principle of Canadian common law, and that parties to a contract are under a duty to act honestly in the performance of their contractual obligations. The case is the first time our highest court has examined ...
Dec 3, 2020 · The doctrine of unconscionability after Uber Technologies Inc. v. Heller, 2020 SCC 16 Reconciling inconsistent contract terms; Stipulated-consequence-on-insolvency clauses and the anti-deprivation rule (Chandos Construction Ltd. v. Deloitte Restructuring Inc., 2020 SCC 25; The latest word on the duty of good faith from the Supreme Court of Canada
