Insights

Supreme Court of Canada: Religious Association Decisions not Subject to Judicial Review without Underlying Legal Dispute

Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses v Wall, 2018 SCC 26 ..

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The Supreme Court of Canada Clarifies the Threshold for Mandatory Interlocutory Injunctions

R v Canadian Broadcasting Corp. , 2018 SCC 5  ..

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Good Faith, Honest Performance and Your Deal: the Supreme Court of Canada’s New Principles of Contract Law

The Supreme Court of Canada made a significant change in the common law regarding the inherent obligations of contracting parties. In Bhasin v Hrynew, the Court recognized a general organizing principle of good faith and then created a new common law duty of honest performance in contract, both in relation to what was, generally speaking, a standard business contract that did not fall into a unique category. This unanimous judgment was written by Justice Cromwell and proceeds in a two-step process: First, the Court found that there is the general organizing principle of good faith in contract law; and Second, the Court found that this general organizing principle creates a common law duty of honest performance. ..

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Dispute over Share Pricing Method Does Not Constitute Shareholder Oppression

In Svensrud v Saskatoon Boiler MFG. Co. Ltd. the Court of Queen’s Bench determined that a dispute between a shareholder and the corporation over the accuracy of the pricing method outlined a Unanimous Shareholders Agreement (“USA”) does not constitute shareholder oppression under the Canadian Business Corporations Act (the “CBCA”). ..

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Supreme Court Sets Common Law and Contractual Rules of Settlement Privilege and Confidentiality for Mediations

The confidentiality of the mediation room might be a little less absolute in the wake of recent Supreme Court of Canada decision. In Union Carbide Canada Inc. v. Bombardier Inc., the Court distinguished and explained the common law doctrine of settlement privilege as compared with contractual confidentiality agreements. This unanimous judgment written by Justice Wagner explains the difference between the two and under what circumstances the goings-on within a mediation must be disclosed. ..

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Dispute over Share Pricing Method Does Not Constitute Shareholder Oppression

In Svensrud v Saskatoon Boiler MFG. Co. Ltd. the Court of Queen’s Bench determined that a dispute between a shareholder and the corporation over the accuracy of the pricing method outlined a Unanimous Shareholders Agreement (“USA”) does not constitute shareholder oppression under the Canadian Business Corporations Act (the “CBCA”). ..

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Supreme Court sets Common Law and Contractual Rules of Settlement Privilege and Confidentiality for Mediations

The confidentiality of the mediation room might be a little less absolute in the wake of recent Supreme Court of Canada decision. In Union Carbide Canada Inc. v. Bombardier Inc., the Court distinguished and explained the common law doctrine of settlement privilege as compared with contractual confidentiality agreements. This unanimous judgment written by Justice Wagner explains the difference between the two and under what circumstances the goings-on within a mediation must be disclosed. ..

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When does the Limitation Period on a Fire Insurance Claim Commence?

The Saskatchewan Court of Queen’s Bench in Aspen Village Properties Ltd. v Saskatchewan Government Insurance was tasked with determining if the limitation period in an action is computed at the date of the fire or at the date the insured discovers its claim is denied for coverage by the insurers. The Court held it was the latter. ..

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Court of Appeal Explains Courts' Powers to Appoint Estate Administrators

The Saskatchewan Court of Appeal has provided new clarity on the ability of courts to appoint estate administrators. In Sinclair v Sinclair, the Court heard an appeal brought by a brother against his sister, the executor of the estate. Each was an equal beneficiary, with the estate to be divided between them. The essential issue between the siblings was the brother’s wish to keep his mother’s house and the sister’s wish to sell it, as directed by the mother’s Will. (To further complicate their relationship, the siblings were also sole beneficiaries and co-executors of their father’s estate.) ..

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New Amendments to The Builders' Lien Act

On March 12, 2014, The Builders’ Lien Amendment Act, 2013 (Bill 102) was given Royal Assent and came into force. In addition to some minor changes, three notable amendments were made to The Builders’ Lien Act (the “Act”): ..

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