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Supreme Court of Canada: Silence Can Breach the Contractual Duty of Good Faith Honesty

Good faith requires a party to a contract whose actions or words have created a false impression in the mind of a counterparty to take positive steps to correct it, the Supreme Court of Canada recently held in C.M. Callow...more

Supreme Court of Canada Affirms Anti-Deprivation Rule

The common law anti-deprivation rule is alive and well in Canada, the Supreme Court of Canada held in an 8-1 decision in Chandos Construction Ltd. v Deloitte Restructuring Inc., 2020 SCC 25 [Chandos]. Under the rule, parties...more

Legal Privilege, Email and the Continuum of Communication

Solicitor-client privilege extends not only to legal advice provided directly to a client, but to the whole "continuum of communications" in which the advice is given, the Alberta Court of Queen's Bench recently confirmed in...more

Canadian Contractual Interpretation Just Got More Difficult

Supreme Court of Canada Revives Correctness Test for Interpreting Standard Form Contracts - There is a new exception to the new Canadian approach for reviewing the interpretation of contracts: a trial court’s...more

Legal Privilege - September 2013

This guide to solicitor-client privilege and litigation privilege does not replace specific legal advice. Legal Privilege - Privilege provides special protection that exempts certain documents and other forms...more

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