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Summaries Sunday: Maritime Law Book

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern:
Trade Regulation / Implied terms:

Murphy v. Amway Canada et al. 2013 FCA 38
Arbitration – Courts – Practice – Trade Regulation

The plaintiff was registered as an independent business owner under the umbrella of the defendant wholesaler. The registration agreement included an arbitration agreement and incorporated the defendant’s Rules of Conduct. The arbitration agreement was governed by the Ontario Arbitration Act (the OAA). The plaintiff began a proposed class proceeding against the defendant, claiming violations of the Competition Act. He sued for damages of $15,000 under s. 36 of the Competition Act, and moved for certification. The defendant …

Bhasin v. Hrynew et al. 2013 ABCA 98
Contracts – Implied terms – Exceptions - Conflict with express terms

The defendant “Canadian American” was in the business of selling education savings plans. To do so, it contracted with “Enrollment Directors” across the country, two of whom were the plaintiff Bhasin and the defendant Hrynew. Clause 3.3 of the contract stated that it would expire at the end of three years if either party had given timely notice that it did not want the contract to renew itself automatically. Canadian American gave such notice …

 

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