By: Jassmine Girgis Case Commented On: Ponce v Société d’investissements Rhéaume ltée, 2023 SCC 25 (CanLII) PDF Version: Good Faith and Honest Performance and the Convergence between Common Law and Civil Law The topic of good faith in the realm of contracts once again made it to the Supreme Court of Canada in 2023, but […]
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By: Jassmine Girgis Case commented on: Bhatnagar v Cresco Labs Inc, 2023 ONCA 401 (CanLII) PDF Version: There is No Presumption of Loss Flowing from a Breach of the Contractual Duty of Honest Performance In Bhatnagar v Cresco Labs Inc, 2023 ONCA 401 (“Cresco Labs”), the Ontario Court of Appeal addressed whether the Supreme Court’s […]
By: Nigel Bankes Case commented on: TotalEnergies EP Canada Ltd v Suncor Energy Inc, 2023 ABKB 59 (CanLII). PDF Version: Total Claims that its ROFR Rights Were Violated in the Sale of Teck’s Interest in the Fort Hills Project Suncor, Total, and Teck all owned interests in the Fort Hills Oilsands Project (54%, 24.4%, and […]
By: Nigel Bankes PDF Version: Consent Provisions in Long-Term Relational Contracts Case Commented On: Apache North Sea Ltd v Ineos FPS Ltd, [2020] EWHC 2081 (Comm) The drafters of long-term relational contracts often have to deal with the uncertainties of future developments. One technique for doing so is to accord one party to the contract (A) […]
By: Nigel Bankes PDF Version: Net Profits Interest Decision Case Commented On: Hudson King v Lightstream Resources Ltd, 2020 ABQB 149 (CanLII) William Hudson (WH) of Texas discovered hydrocarbons in a reservoir near Rocanville, Saskatchewan. Lacking the resources to develop the discovery WH assigned the Rocanville properties to Triton (a Texas based corporation) in 1977 […]