Contract Law Update: Developments of Note

Fairmont Pacific Rim | 1038 Canada Place, Vancouver, BC
7.3.23 | 11:30 AM PST

On Tuesday, March 7th, 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.

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