Supreme Court of Canada confirms that Releases are interpreted just like any other contract
In a decision released today, July 23, 2021, in Corner Brook (City) v. Bailey, a unanimous Supreme Court of Canada overturned a decision of the Court of Appeal for Newfoundland and Labrador and restored a stay of a third party claim brought against the City of Corner Brook. The stay was granted based on the wording of a release given in a previous, separate action arising from the same accident. In doing so, Canada’s top court made it clear that releases are subject to the same rules of interpretation as any other contract and that, absent an extricable issue of law, ... [more] Full article
Commercial lease not renewed in time; landlord’s silence as to deadline not bad faith
In Subway Franchise Restaurants of Canada Ltd. v. BMO Life Assurance Company, 2021 ONCA 349 (CanLII), the Court of Appeal for Ontario upheld a decision that rejected Subway’s attempts to ... [more] Full article
Supreme Court explains duty to exercise contractual discretion in good faith
In a highly anticipated decision, which took over a year to release, the Supreme Court of Canada clarified the parameters of the duty to exercise contractual discretion in good faith ... [more] Full article
Wrong square footage leads to rescission of agreement of purchase and sale
In Issa v. Wilson,[1] the Ontario Court of Appeal affirmed a trial decision[2] that set aside an agreement of purchase and sale on the basis that the size of the ... [more] Full article