Contract Law Update: Developments of Note

On Tuesday, March 7^th, Lisa Peters, KC, delivered her annual update on contract law cases of interest to commercial practitioners. This year's topics included: 

• Constitutions and bylaws of voluntary associations – when are they contractual in nature? The latest from the Supreme Court of Canada (“SCC”);

• Interaction of arbitration agreements and bankruptcy or insolvency proceedings involving a party to an arbitration agreement;

• Rescission and rectification revisited at the SCC;

• Boilerplate and other commonplace clauses:

  • Best efforts clauses and their many variants

  • Ordinary course of business covenants

• Contracts with government and direct vs. indirect fettering of legislative discretion; and

• Update on the doctrine of good faith in contract law.