Litigation Archives - Page 2 of 2

Supreme Court Rules on Exercising Contractual Discretion in Good Faith

Insight

Published: February 12, 2021

Authors: Jason Mohrbutter, K.C., Milad Alishahi, Allison Graham

Categories: Commercial Litigation, Litigation

On February 5, 2021, the Supreme Court of Canada released its decision in Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District, 2021 SCC 7 (Wastech). Heard together with … Read More

Deceptive Silence and Good Faith Contractual Performance

Insight

Published: December 21, 2020

Authors: Jason Mohrbutter, K.C., Allison Graham

Categories: Commercial Litigation, Litigation

On December 18, 2020, the Supreme Court of Canada released its decision in C.M. Callow Inc. v Zollinger et al, 2020 SCC 45 (“Callow”). In this decision, the Supreme Court … Read More

“It’s 2020” – and the Litigation Process May Be Conference Calling Into the Future

Insight

Published: June 2, 2020

Author: Gregory Fleetwood

Categories: COVID-19, Litigation

Authors: Gregory Fleetwood, Mira Bokhaut As the COVID-19 pandemic continues to unfold, Canadians remain subject to restrictions on gatherings and physical distancing rules. While these restrictions have presented challenges in the litigation process, … Read More

Proceeding With Caution — COVID-19 Liability Series: A Practical Guide for Businesses in the Post-Quarantine World

Insight

Published: April 23, 2020

Authors: Bennet Misskey, Allison Graham

Categories: Commercial Litigation, Compliance, Risk & Crisis Response, COVID-19, Insurance, Litigation

Authors: Jodi Wildeman, K.C., Bennet Misskey, Allison Graham On April 22, 2020, Saskatchewan Premier Scott Moe announced that as the number of provincial COVID-19 cases remain low, the government of Saskatchewan will introduce a … Read More

Keeping the Faith — Five Years After Bhasin v Hrynew

Insight

Published: November 18, 2019

Author: Jason Mohrbutter, K.C.

Categories: Commercial Litigation, Litigation

On November 13, 2014 the Supreme Court released Bhasin v Hrynew, 2014 SCC 71 creating a duty of good faith contractual performance. In the last five years much ink has … Read More

Free to Negotiate: The Limited Nature of Pre-Contractual Good Faith Obligations

Insight

Published: September 18, 2019

Author: Jason Mohrbutter, K.C.

Categories: Commercial Litigation, Litigation

University of Regina v HTC Purenergy Inc., 2019 SKQB 126 explores the limited nature of good faith obligations during the negotiation of commercial contracts. This claim involves allegations that a licensing … Read More

Risky Business: SK Court of Appeal Finds Ag Contract Not “Grossly Unfair”

Insight

Published: September 12, 2019

Author: Jason Mohrbutter, K.C.

Categories: Agriculture & Food, Commercial Litigation, Litigation

In Input Capital Corp. v Gustafson, 2019 SKCA 78, the Saskatchewan Court of Appeal recently overturned a trial judgment that found a standard form canola streaming contract to be unconscionable … Read More

Parallel Multi-Jurisdictional Class Proceedings: Part III

Insight

Published: May 16, 2019

Author: Jason Mohrbutter, K.C.

Categories: Class Actions, Litigation

This post updates our previous blogs on parallel multi-jurisdictional proceedings in Saskatchewan. Read part 1 Read part 2 Those blogs discussed the ability for plaintiffs from other jurisdictions in parallel class … Read More

Exercise Caution in Commodities Contracts

Insight

Published: November 29, 2017

Authors: Jordan Hardy, K.C., Milad Alishahi

Categories: Agriculture & Food, Litigation

A recent Saskatchewan Court of Queen’s Bench decision, PS International Canada Corp. v Palimar Farms Inc., 2016 SKQB 232, upheld unanimously by the Saskatchewan Court of Appeal in 2017 SKCA … Read More