Litigation Insights

Image for Deceptive Silence and Good Faith Contractual Performance

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

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

“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

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

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

Insight

Published: April 23, 2020

Authors: Jodi Wildeman, K.C., Bennet Misskey, Allison Graham

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

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 five-phase plan to gradually… Read More

Image for Keeping the Faith — Five Years After Bhasin v Hrynew

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

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

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

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

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

Image for Parallel Multi-Jurisdictional Class Proceedings: Part III

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

Image for Exercise Caution in Commodities Contracts

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