The Supreme Court Of Canada Avoids The Open Windows Issue
December 10, 2014
In my last article, I dealt with the recent decision of the Supreme Court of Canada in Bhasin v. Hrynew. In that decision, the Supreme
Contracts Must Be Honestly Performed Says The Supreme Court of Canada
December 2, 2014
In its recent decision in Bhasin v. Hrynew, the Supreme Court of Canada has established two fundamental principles for the Canadian common law of contract.
When Is A Consultant Liable To A Contractor For Subsurface Information In Tender Documents?
October 11, 2014
One of the difficult issues in construction law is the duty owed, if any, by the owner’s consultant to the contractor. In particular, does the
Ontario Court Of Appeal Holds That The Doctrine Of Mistake Does Not Apply To A Tender
September 21, 2014
In Asco Construction Ltd. v. Epoxy Solutions Inc., the Ontario Court of Appeal recently held that the doctrine of mistake did not apply to an
When May A Mareva Injunction Be Issued To Enforce An International Commercial Arbitration Award?
June 29, 2014
In Sociedade-de-Fomento Industrial Private Ltd. v. Pakistan Steel Mills Corp. (Private) Ltd, the British Columbia Court of Appeal recently considered the use of a Mareva
Has The Limitation Period For Constructive Trust Claims Been Thrown Wide Open?
May 5, 2014
Constructive trust claims are a natural for construction projects. Unpaid subcontractors and suppliers may have improved the land owned by or secured to the owner
The Traps And Perils Of Limitation Of Liability Clauses
March 30, 2014
In Swift v. Eleven Eleven Architecture Inc., the Alberta Court of Appeal recently considered the impact and scope of a limitation of liability clause in
The Seven Principles Of Value For Unjust Enrichment
November 18, 2013
What is something worth? And if it’s worth something to you, is it worth the same to me? Or is everything in the eyes of
Is A Deposit Forfeited In Absence Of Proven Damages?
October 13, 2013
The forfeiture of a deposit is one of the major tools for ensuring that contracts are performed. But there is a debate about whether a
When Should A Contract Arising From A Tender Be Declared Void For Mistake?
October 4, 2013
We don’t usually think of the law of mistake as having any relevance in the 21st century. Mistake seems to be an 18th century problem