Insights

Signed Acknowledgements in the Digital Age

I.D.H. Diamonds NV v Embee Diamond Technologies Inc. - 2017 SKQB 79  ..

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The Summary Judgment Procedure: A Bridge to Expedited Litigation

Surespan Construction Ltd v The Government of Saskatchewan , 2017 SKQB 55.  ..

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Limitation of liability provision in electronic waiver upheld by the Court of Queen’s Bench

Quilichini v Wilson’s Greenhouse & Garden Centre Ltd. and Velocity Raceway Ltd., 2017 SKQB 10.  ..

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The Supreme Court’s Perspective on Faulty Workmanship Exclusion Clauses

A recent decision by the Supreme Court of Canada has attracted attention from insurers, contractors, and construction project owners across the country. Ledcor v Northbridge Indemnity Insurance Co., 2016 SCC 37 provides new light on how to interpret the commonly used “faulty workmanship” exclusions under builders’ risk insurance policies.  ..

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Court of Appeal Considers Bhasin in Appeal of Business Sale Bonus

The Court of Appeal for Saskatchewan took the opportunity to offer a few comments on the general organizing principle of good faith in contract law and the common law duty of honest performance in a recent case.  ..

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Saskatchewan Court of Appeal Awards Self-Represented Individuals Costs Beyond Out-of-Pocket Expenses

A recent decision by the Saskatchewan Court of Appeal made a significant change in the way costs may be awarded to self-represented litigants.  In Hope v Pylypow, the Saskatchewan Court of Appeal awarded costs to a self-represented couple, above and beyond their out-of-pocket expenses.  Previously, Saskatchewan case law has dictated that self-represented litigants were not to be compensated for any costs beyond their out-of-pocket expenses.  ..

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Saskatchewan Court of Appeal Applies Recent Supreme Court Jurisprudence on Commercial Contract Interpretation

The Saskatchewan Court of Appeal in Directcash Management Inc. v Seven Oaks Inn Partnership applied the new guidelines for the interpretation of contracts set by the Supreme Court of Canada. In Sattva Capital Corp. v Creston Moly Corp., the Supreme Court determined that contractual interpretation involves issues of mixed fact and law, whereby the objective intentions of the parties is determined in light of the consideration of the surrounding circumstances. Further, as contractual interpretation is considered a question of mixed fact and law, the standard of review for an appellate court is one of whether a palpable and overriding error was committed at trial. ..

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Federal Court of Appeal Criticizes Undue Delays in Access to Information of Federal Records

In Canada (Office of the Information Commissioner) v Canada (National Defence), the Federal Court of Appeal upheld the Information Commissioner’s appeal for the judicial review of the Department of National Defence’s (DND) response to an access to information request. ..

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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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Caveat Emptor: Residential Home Sellers Found Not Liable for Property Defects Discovered after Purchase

The Court of Queen’s Bench in Clark v Styles determined that the vendor of a residential property should not be found liable for negligent misrepresentation regarding statements made about basement water seepage. The purchaser, Clark, entered into an agreement with the vendors, Styles, in which after possession took place, Clark found major cracks in the basement walls which resulted in a significant amount of water running into the house. ..

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