6.12.21

As those familiar with this annual update know, each fall Lisa Peters, QC, undertakes a review of decisions from the previous 12 to 18 months, looking for cases relevant to commercial practice. If there are cases bringing about significant changes to the law of contract or if the Supreme Court of Canada (“SCC”) weighs in on a contract law issue, Lisa will write about those cases. But typically (and this year is no different), she will also highlight cases that remind us of longstanding contract law principles and that illustrate how those principles apply in practice.

This year’s topics are:

• Pre-incorporation contracts outside the remedial provisions of business corporations statutes;
• Interpreting releases – the SCC puts the final stake through the Blackmore rule;
• Perpetual contracts vs. contracts for an indefinite term terminable on reasonable notice;
• Unconscionability post-Uber Technologies Inc. v. Heller;
• Non est factum – a reminder of its limitations as a defence;
• This year’s boilerplate – “no waiver” clauses;
• Good faith duties in contract law – what’s new in 2021?; and
• Update on implied contracts.