The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Royal Bank


 

Bank cannot take advantage of mistake, court rules

Court clarifies doctrines of unilateral and mutual mistake

The Ontario Court of Appeal recently clarified the difference between mutual and unilateral contractual mistake in the case of Royal Bank of Canada v. El-Bris Limited. Laskin J.A., writing for the court, explained that the four prerequisites set out by the Supreme Court of Canada in Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club only apply to cases of unilateral, not mutual, contractual mistake. [more] Full article

Shareholder/director not liable for “presumptive benefit” or “duty to explain”

Major shareholders and directors of corporation are not liable for torts of the corporation because they “presumptively benefit” from those torts, or because of a duty to be aware of, ... [more] Full article