Category Archives: Contracts

The Expansion of Unconscionability – The Supreme Court’s Uber Reach

By: Jassmine Girgis PDF Version: The Expansion of Unconscionability – The Supreme Court’s Uber Reach Case Commented On: Uber Technologies Inc v Heller, 2020 SCC 16 (CanLII) Contracts of adhesion, or standard form agreements (SFAs) are oftentimes unfair. They are … Continue reading

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Incorporating Waivers of Liability into Contracts

By: Jassmine Girgis PDF Version: Incorporating Waivers of Liability into Contracts Case Commented On: Apps v Grouse Mountain Resorts Ltd., 2020 BCCA 78 (CanLII) Standard form agreements raise unique contracting issues. They are drafted by the more powerful party, they … Continue reading

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The Discoverability Principle Applies—No Seriously, For Real This Time—to Contract Claims in Alberta

By: Kyle Gardiner PDF Version: The Discoverability Principle Applies—No Seriously, For Real This Time—to Contract Claims in Alberta Case Commented On: Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49 (CanLII) Last month, the Alberta Court of Appeal … Continue reading

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How does a coffee shop conversation become a binding contract?

By: Shaun Fluker PDF Version: How does a coffee shop conversation become a binding contract? Case Commented On: Schluessel v Margiotta, 2018 ABQB 615 (CanLII) How many times have you walked into a Starbucks looking forward to a coffee break … Continue reading

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Penalty Clauses: Inequitable, but Not Inherently Extravagant

By: Jassmine Girgis PDF Version: Penalty Clauses: Inequitable, but Not Inherently Extravagant Case Commented On: Super Save Disposal (Alberta) Ltd v Shenwei Enterprises Ltd, 2017 ABQB 805 (CanLII) Overview This is an appeal from a decision of the Provincial Court, which … Continue reading

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