Sentences with phrase «interpretation of a written contract»
Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 (35026) The historical approach that contractual interpretation of a written contract is always a question of law should be abandoned.
http://supremeadvocacy.ca/ Not exact matches
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.
Applying a contextual approach, writes Rose, «the court approved the motions judge's comments that «[t] here was no intent to contract out of the ESA in fact; to the contrary, the intent to apply the ESA is manifest» and held that «the motion judge's interpretation of the contract is entitled to deference.
Under those circumstances, the interpretation of written documents had to be considered questions of law because only the judge could be assured to be literate and therefore capable of reading the contract (Hall, at p. 126; and Lewison, at pp. 173 - 74).
I agree that the best way to avoid such disputes is in a written employment contract itself, but the interpretation of «fair» is still subject to statutory minimums, and there are many employment situations that are far from «clear.»
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.
Good employer practice should include obtaining legal advice regarding the interpretation of any written employment contract before a lay - off or termination is considered.
Chapter 1: Introduction Chapter 2: Promises that Will Be Enforced Chapter 3: Third - Party Beneficiary Contracts Chapter 4: Making an Enforceable Contract Chapter 5: The Requirement of Writing Chapter 6: Remedies for Breach of Contract Chapter 7: Performance, Non-Performance and Excuses Chapter 8: Interpretation and Risk Allocation Chapter 9: The Control of Contract Power Chapter 10: Illegal Contracts
It relied on another recent decision of the Supreme Court in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co, where Wagner J. (as he then was) wrote that interpretation of a standard form contract can, in certain situations, be a question of law subject to correctness review standard (the stricter and less deferential review standard).
These latest two stories deal with a couple of clients who had money «stolen from them» (my interpretation of events because both complainants had to pay two selling commissions each) by their registrants / brokerages because the courts were forced to enforce the written terms of those contracts.