Archive for ‘Substantive Law: Judicial Decisions’
Caveat emptor (buyer beware) or ubberima fides (utmost good faith)? What is a contracting party to do?
The Supreme Court of Canada released a decision this week in Bhasin v. Hrynew which revamps the understanding of how representations made during contractual negotiations are adhered to. The unanimous Court created an “incremental step” in developing a duty of honest performance, which was described as follows:
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(1) There is a general organizing principle of good faith that underlies many facets of contract law.
(2) In general, the particular implications of the broad principle for particular cases are determined by resorting
The facts of the case are relatively straight forward.
The vendor signed a listing agreement with Ariston Realty Corp. (“Ariston”). The listing agreement contained a holdover clause which provided that the vendor would pay Ariston a commission of 5% of the sale price in the event that the property was sold within six months after the expiry of the listing agreement to any party to whom Ariston introduced the property . . . [more]
The Canadian Charter of Rights and Freedoms has been described as a symbol of Canadian identity. It is a fundamental part of our constitution, yet the notion of protecting our rights and freedoms is something which is often misunderstood.
In 1983, soon after the Charter‘s inception, Peter Russell described the notion of protection as something which was often explained as either present or not. Instead, as he stated in his article, “The Political Purposes of the Canadian Charter of Rights and Freedoms,”
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…in our actual civic experience we do not encounter these rights and freedoms in such a zero-sum
Today, justice was denied to Zahra Kazemi and her family. After an eight year struggle, the Supreme Court of Canada released the decision many of us feared: Iran and its functionaries are immune from the civil jurisdiction of the Canadian courts for having arrested, tortured and murdered Ms. Kazemi, a Canadian journalist.
There will be time to pick apart the decision over the coming months, and years. Right now, though, I can’t do much more than shake with frustration and grief. In my 2009 comment on this case, when it was still pending before the Quebec Superior Court, I . . . [more]
The thing about writing for a blog (especially one that commits you to weekly posts) is that often times you can only barely introduce a topic or idea.
And undoubtedly one of the best things about blogs is that cursory introductions are totally fine. Want popcorn commentary on a landmark decision from the country’s highest court? Bam. Here you go.
The Supreme Court of Canada’s October 2, 2014 majority decision regarding the (non) constitutionality of pricey court fees in Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59, is big news here in BC. . . . [more]
The amount of information required to stay abreast of the changing law, in a general sense, is massive. Supreme Court of Canada statistics tell us that there were over 70 decisions to read from that court alone every year. Add your jurisdiction’s Court of Appeal and trial courts decisions, federal and provincial legislative changes, tribunal decisions, municipal and other delegated legislation and you have way more material than any generalist can reasonably consume.
Of course you don’t need to know it all. Many of those pieces of legal information can be learned just in time rather than just in case. . . . [more]