Author Archives: Jassmine Girgis

About Jassmine Girgis

B.A. (Calgary); LL.B. (With Distinction) (Western); LL.M. (Cambridge). Associate Professor. Member of the Ontario Bar. Please click here for more information.

Fundamental Breach and Repudiatory Breach of Contract

PDF Version: Fundamental Breach and Repudiatory Breach of Contract Case commented on: John Barlot Architect Ltd. v 413481 Alberta Ltd., 2013 ABQB 388 The doctrine of fundamental breach has caused much confusion, in part because of its relationship to the … Continue reading

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Beyond the Four Corners of the Contract: The Parol Evidence Rule, Implied Terms and the Duty of Good Faith

PDF Version: Beyond the Four Corners of the Contract: The Parol Evidence Rule, Implied Terms and the Duty of Good Faith Case commented on: Bhasin v Hrynew, 2013 ABCA 98, leave to appeal granted, 2013 CanLII 53400 (SCC) This appeal … Continue reading

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Contractual Interpretation and Context

PDF version: Contractual Interpretation and Context Case commented on: Ziegler v Green Acres (Pine Lake) Ltd, 2013 ABQB 349. Ziegler v Green Acres (Pine Lake) Ltd is a case that revolves around one provision in a unanimous shareholder agreement (USA). … Continue reading

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Indalex: Priority of Provincial Deemed Trusts in a CCAA Restructuring

PDF version: Indalex: Priority of Provincial Deemed Trusts in a CCAA Restructuring Case considered: Sun Indalex Finance, LLC et al v United Steelworkers et al, 2013 SCC 6. Introduction On February 1, 2013, Supreme Court of Canada (“SCC” or “Court”) … Continue reading

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Damages for Mental Distress in Breach of Contract

PDF version: Damages for Mental Distress in Breach of Contract  Case considered: J.O. v. Strathcona-Tweedsmuir School, 2010 ABQB 559  In J.O. v. Strathcona-Tweedsmuir School, the court awarded the plaintiff damages for mental distress arising from breach of contract. The facts … Continue reading

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Restructuring under the CCAA: Should A Debtor Always Be Allowed to Proceed?

Case considered: Budget Waste Inc., Re, 2009 ABQB 752. PDF version: Restructuring under the CCAA: Should A Debtor Always Be Allowed to Proceed? LoVecchio J.’s decision in Budget Waste Inc., Re (“Budget Waste“) is a great example of the questions courts … Continue reading

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The GM Saga So Far

PDF version: The GM Saga So Far The current financial crisis is arguably the largest corporate debacle and multi-market crash since the Great Depression. Its costs for corporations are substantial and many high profile companies have filed for bankruptcy protection … Continue reading

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Limited Partnerships: Devon Canada Corporation v. PE-Pittsfield, LLC

Cases Considered: Devon Canada Corporation v. PE-Pittsfield, LLC, 2008 ABCA 393. PDF Version: Limited Partnerships: Devon Canada Corporation v. PE-Pittsfield, LLC In Devon Canada Corporation v. PE-Pittsfield, LLC, the Alberta Court of Appeal clarified the law respecting foreign limited partnerships … Continue reading

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Bankruptcy and Student Loan Debts: An Ongoing Problem

Cases Considered: Mainstreet Hair Salon 1992 Ltd. v. Schumaker, 2008 ABQB 363 PDF Version: Bankruptcy and Student Loan Debts: An Ongoing Problem Many individuals would be unable to undertake post-secondary education without assistance in the form of student loans for … Continue reading

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Classifying Creditors under the Companies’ Creditors Arrangement Act

Cases Considered: Kerr Interior Systems Ltd. (Re), 2008 ABQB 286 PDF Version: Classifying Creditors under the Companies’ Creditors Arrangement Act In an application for an order to sanction a Plan of Arrangement (Plan), the Alberta Court of Queen’s Bench refused … Continue reading

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