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 this time, in a case dealing with good faith as it arises under the Civil Code of Québec, CQLR c CCQ-1991 (Civil Code).
Case Commented On: South West Terminal Ltd v Achter Land, 2023 SKKB 116 (Can LII)
PDF Version: New Technology and Contract Formation: The Continuing Evolution of the Common Law
In South West Terminal Ltd v Achter Land, 2023 SKKB 116 (Can LII) (Achter Land), Justice T.J. Keene stated: “this court cannot (nor should it) attempt to stem the tide of technology and common usage – this appears to be the new reality in Canadian society and courts will have to be ready to meet the new challenges that may arise from the use of emojis and the like” (at para 40).
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 decision in CM Callow Inc v Zollinger, 2020 SCC 45 (CanLII) (“Callow”) created a legal presumption of loss once a court finds a breach of the contractual duty of good faith. The ONCA found that there is no presumption of loss and that a plaintiff claiming a loss of opportunity has the burden of providing evidence. Continue reading
By: Jassmine Girgis
Case commented on: Sheehan v Samuelson, 2023 NSSM 27 (CanLII)
PDF Version: Can the Failure to Pay for Sexual Services Form the Basis of a Contractual Claim?
Pat and Al enter into a contract. Pat will drywall Al’s basement in exchange for $2,100. Pat drywalls Al’s basement but Al refuses to pay. Al breached his contractual obligations to Pat and would be liable for damages. Now, keep all the facts the same but assume that the service is sex work as opposed to dry walling – does that change the analysis at all? Continue reading
By: Jassmine Girgis
Case Commented On: Ruel v Rebonne, 2023 ABCA 156 (CanLII)
PDF Version: Interpreting Restrictive Covenants in Commercial and Employment Agreements
Restrictive covenants are usually found in two types of agreements: commercial agreements for the purchase of a business and employment agreements. In commercial agreements, these clauses protect the purchaser; after having made a substantial investment, the purchaser can build ties with customers without being concerned about the vendor setting up a competing business for a specified time. In employment agreements, they protect the employer’s interests. Continue reading
