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ARTICLE · 09 NOVEMBER 2017

Contract Law Update: Developments Of Note (2017)

This paper discusses contract law issues including decisions of relevance to commercial lawyers and business leaders giving a snapshot of particular principles of interest that arose in case law...

CanadaCorporate/Commercial Law

This paper discusses contract law issues including decisions of relevance to commercial lawyers and business leaders giving a snapshot of particular principles of interest that arose in case law over the past 12 months.

This Year's Topics Include:

  • Rectification of contracts to meet tax planning objectives (and more generally) –the Supreme Court of Canada weighs in;
  • Forum selection clauses – the strong cause test for their enforceability is modified,at least in a consumer contract setting;
  • Arbitration clauses – what is the test for assessing their enforceability?
  • Spotlight on releases – are there special interpretative principles applying to them?
  • This year's boilerplate clause – "no suit" clauses; and

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