In 1974, B.C. passed what is now the Frustrated Contract Act (FCA), to resolve uncertainty left when a contract was deemed frustrated (where performance has become impossible or radically different due to supervening events). Since then, the FCA has received little judicial consideration. It has been called “badly drafted and haphazard”. Most practitioners are ...
Can a public owner contract out of any liability for a failure to follow its own directives, policies and, indeed, its own terms and conditions of a procurement process, including a duty of fairness? Although that issue was largely resolved in the Supreme Court of Canada case of Tercon Contractors Ltd. v. British Columbia (Transportation and Highways), 2010 SCC 4, a ...
Almost a year ago (May 26, 2017), the Alberta Court of Appeal released its 2:1 decision in IFP Technologies (Canada) Inc. v. EnCana Midstream and Marketing (IFP Technologies), 2017 ABCA 157. The decision was of particular significance with respect to the meaning of "working interest" in the oil and gas industry, when consent to a disposition could be reasonably withheld ...
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