Contract Law Canada News

Contract Law Canada: Latest News and Updates

Contract law in Canada is constantly evolving and changing. With new cases and legislation being introduced, there is always something happening in the world of Canadian contract law. In this article, we will explore some of the latest news and updates in the field.

Recent Case Law Developments

One of the most significant developments in recent case law is the Supreme Court of Canada’s ruling on Tercon Contractors Ltd. v. British Columbia (Transportation and Highways). This case dealt with the issue of exclusion clauses in contracts and their validity. The court ruled that exclusion clauses could be valid, but only if they were clear and unambiguous. This decision will have far-reaching implications for businesses across the country.

Another important case is the Canadian Natural Resources Limited v. ShawCor Ltd. This case dealt with the issue of limitation of liability clauses in contracts. The court ruled that such clauses could limit a party’s liability in certain situations, but only if they were drafted clearly and unambiguously.

New Legislation

In addition to case law developments, there have been some significant legislative changes in the field of contract law in Canada. One of the most notable changes has been the introduction of the Electronic Commerce Act. This legislation recognizes the legal validity of electronic signatures and electronic contracts, allowing businesses to conduct transactions online with greater ease.

Another legislative change is the introduction of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA). This agreement includes provisions that will impact Canadian businesses involved in international trade and investment, including provisions on contracts.

Impact of COVID-19

The COVID-19 pandemic has also had an impact on contract law in Canada. The pandemic has led to many contract disputes, including disputes over force majeure clauses, frustration of contracts, and the doctrine of impossibility. Courts across the country have been grappling with these issues, and there have been some interesting developments as a result.

For example, in the case of Atlantic Lottery Corporation Inc. v. Babstock, the Newfoundland and Labrador Supreme Court ruled that an online gaming contract was unenforceable because it was contrary to public policy. This decision was based in part on the fact that the contract was entered into during the pandemic, when many people were experiencing financial hardship.

Conclusion

In conclusion, contract law in Canada is constantly evolving, with new case law and legislation being introduced all the time. It is important for businesses and individuals to stay up-to-date on these developments in order to avoid legal pitfalls and make the most of new opportunities. Whether you are involved in international trade, e-commerce, or any other aspect of contract law, it is crucial to stay informed and seek guidance from experienced legal professionals when needed.