Sentences with phrase «interpreting standard form contracts»
Correctness is also usually the applicable standard (at para. 60) for interpreting a standard form contract (such as the CAPL operating agreement) and the same standard applies «by analogy» (at para 61) to terms such as «working interest» «which have a common meaning to participants in a given industry».
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In three decisions, the Ontario Court of Appeal has held that a review of a decision interpreting a standard form contract involves a question of law, not a question of mixed fact and law: MacDonald v. Chicago Title Insurance Company of Canada, 2015 ONCA 842; Monk v. Farmer's Mutual Insurance Company (Lindsay), 2015 ONCA 911; Daverne v. John Switzer Fuels, 2015, ONCA 919.
In MacDonald, the Ontario Court of Appeal explained why a standard of legal correctness should be applied to the review of a decision interpreting a standard form contract: