Sentences with phrase «contractual interpretation»
Contractual interpretation refers to the process of understanding and determining the meaning of an agreement or contract between two or more parties. It involves analyzing the terms, language, and intentions of the agreement to figure out the rights, obligations, and responsibilities of each party involved. It helps in resolving disputes or clarifying any uncertainties related to the contract. Full definition
Commercial contracts are at the heart of commercial litigation, and our commercial litigation lawyers regularly deal with issues of contractual interpretation as it may relate to a business or personal dispute.
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[55] Although that caution was expressed in the context of a negligence case, it applies, in my opinion, to contractual interpretation as well.
As with all cases on contractual interpretation, the decision is fact - specific with the court seeking to ascertain what the specific parties meant by the specific clause.
And I'll race you to see who cites it first in a brief about contractual interpretation.
She has acted in numerous small claims and fast track trials, and is currently acting in claims regarding contractual interpretation, shareholder disputes, and professional negligence.
As such, the defendants are also asking the judges to apply the general principle of contractual interpretation.
Some disputes are at their core about contractual interpretation, some are about determining standards of care, and some are about interpreting technical specifications.
Geoff Hall, senior litigator at McCarthy Tétrault, authors the newly published third edition of Canadian Contractual Interpretation Law.
Put another way, one could say that the reviewing court believed the trial judge erred by pulling the «sanctions trigger» without hearing more on the threshold contractual interpretation issue.
Canadian Class Actions Monitor Hot Off the Press — Canadian Contractual Interpretation Law 3rd Edition
Accordingly, courts should be cautious in identifying extricable questions of law in disputes over contractual interpretation.
In that decision, the top court limited the ability of parties to appeal contractual interpretation by stating that most contractual disputes are questions of mixed fact and law.
Appeal Watch: SCC likely to clarify contractual interpretation and good faith in Bhasin v. Hrynew, The Court
Legal errors made in the course of contractual interpretation include the application of an incorrect principle, the failure to consider a required element of a legal test, or the failure to consider a relevant factor.
By way of background, the test for contractual interpretation is what a reasonable person, having all background knowledge which would have been available to the parties, would understand the language in a contract to mean.
Courts will apply basic principles of contractual interpretation when determining the scope of the ROFR and whether it was complied with.
«The chambers judge interpreted the contract in accordance with contractual interpretation principles, and she viewed with her own eyes the photographic evidence proffered by the appellant in support of its assertion that the respondents had breached the settlement contract.
Relying on established contractual interpretation lines of authority with respect to the reasonable intent of the parties, the majority opinion concluded that the clause could not be said to be ambiguous merely because of a difference of opinion about whether a hypothetical activity would trigger the compensation obligation.
After reaching the conclusion that plaintiffs» contractual interpretation position was not frivolous in nature, it was no far stretch to conclude the claim was not brought for an improper purpose under section 128.5.
This decision also falls on the heels of the Ontario Court of Appeal's decision in Oudin v. Centre Francophone de Toronto, Inc., 2016 ONCA 514 (leave to appeal to SCC refused) which confirms that contractual interpretation requires a consideration of the objective intentions of the parties.
However, natural justice overtakes questions of contractual interpretation where a judge decides a proceeding on a basis that was not anchored in the pleadings, evidence, positions or submissions of the parties.
Helen's experience includes advising aerospace and automotive clients in relation to exclusive supply agreements, derivative programmes, specification compliance, engineering changes and supplier / customer issues including quality and late delivery and consequential liquidated damages in respect of both litigation and issues surrounding contractual interpretation.
Appellate courts must exercise caution in identifying errors of law in disputes arising from contractual interpretation: Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, [2014] 2 S.C.R. 633.
Historically contractual interpretation has been a question of law, but Sattva reversed that, holding that it is usually a question of mixed fact and law, although there may be extricable questions of law.
Reasonableness, not correctness, is the appropriate standard for a review of the arbitrator's decision on contractual interpretation in this case.
[54] However, courts should be cautious in identifying extricable questions of law in disputes over contractual interpretation.
The Court reiterated the principles of contractual interpretation as they apply to standard form contracts.
A recent Supreme Court case offers some valuable guidance on contractual interpretation, as Nikki Edwards explains
2013), at pp. 173 - 76; and G. R. Hall, Canadian Contractual Interpretation Law (2nd ed.
The Court Appeal Watch: SCC likely to clarify contractual interpretation and good faith in Bhasin v. Hrynew On August 22, 2013, the Supreme Court of Canada agreed to hear an appeal from the Alberta Court of Appeal's decision in Bhasin v. Hrynew, 2013 ABCA 98.
The judgment provides useful guidance regarding contractual interpretation and also warns contractors that contracts demand extreme scrutiny at the base stage.
Legal errors made in the course of contractual interpretation include «the application of an incorrect principle, the failure to consider a required element of a legal test, or the failure to consider a relevant factor» (King, at para. 21).
Thus, the pro-employee, strict - language approach of contractual interpretation in Wood has eclipsed the employer - friendly, laissez - faire approach in Oudin.
Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the
Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the written contract, considered in light of the factual matrix of the contract.
The pro-employee, strict - language approach of contractual interpretation in the early 2017 decision, he says, has eclipsed the employer - friendly, laissez - faire approach of the 2016 ruling.
Construction law appeals, including payment on contracts, contractual interpretation, indemnification and hold harmless clauses
The Court, when interpreting the contract, will use all of the established principles of contractual interpretation, including regard to the circumstances that surrounded the formation of the agreement.
This judgment does not alter the approach taken to contractual interpretation but emphasises that interpreting a specific provision owing to its particular commercial implications may receive short shrift from a court.
The circumstances in which courts will imply a term into a commercial contract and the Hoffmann approach to contractual interpretation has been a matter of controversy between practitioners, academics and even between judges in recent years.
This interpretation: is dictated by the general rules of contractual interpretation; best represents the parties» reasonable expectations, as informed by the purpose of builders» risk policies; aligns with commercial reality; and is consistent with the jurisprudence.
on a contractual interpretation dispute over the remuneration terms of a collective agreement
«What it shows is the Supreme Court's willingness to apply the contractual interpretation principles in Bahsin v. Hrynew, which says all contracts have to be performed with good faith, honesty and openly,» Kastner also says.
The Court of Appeal was not persuaded to apply the reasoning in Yang to issues of contractual interpretation.
It may be possible to identify an extricable question of law from within what was initially characterized as a question of mixed fact and law, however, the close relationship between the selection and application of principles of contractual interpretation and the construction ultimately given to the instrument means that the circumstances in which a question of law can be extricated from the interpretation process will be rare.
The goal of contractual interpretation, to ascertain the objective intentions of the parties, is inherently fact specific.