Canada Case Law

Integrum Painting v. BANC Investments Limited

Court

Supreme Court of Nova Scotia

The March 5, 2025 correspondence did not, on its proper objective construction and having regard to surrounding communications and conduct, amount to a contractual "finding" that would trigger GC 8.2.2; alternatively, the Respondent is estopped from asserting the March 5 letter was a finding because its words and conduct reasonably induced the Applicant to treat the communications as settlement negotiations; accordingly the Applicant's delay claim remains extant and the parties are entitled to pursue the contractually prescribed ADR or court processes under GC 8.2.7 and GC 8.3.1.

Source excerpt

• Delay claim
• Notice requirements
• Construction manager finding
• Waiver
• Mediation
• Holdback

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Wannan v. Hutchison

Court

Supreme Court of British Columbia

The court found a binding settlement existed, but refused to enforce it because plaintiff’s counsel accepted under a prompt, material misapprehension about the release.

• Settlement agreements
• Offer and acceptance
• Solicitor authority
• Mistake/misapprehension
• Non-disparagement clause
• Enforcement of settlements

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Golic v. ING Insurance Company of Canada

Court

Court of Appeal for Ontario

The January 23, 2000 letter satisfied SABS s.71 by referring to the statutory dispute resolution process, enclosing the relevant sections, noting prior mediations and inviting inquiries; therefore it constituted a valid refusal that triggered the two-year limitation in s.281(5), rendering the amended claims statute-barred.

Source excerpt

• Notice of refusal
• Limitation period s.281(5)
• Sabs s.71
• Consumer protection
• Mediation and arbitration procedure

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Ryzex Re-Marketing Inc. v. Corkco Consulting Ltd. Dab "DC Solutions Online", Trevor Young and Mark Burgin

Court

Supreme Court of British Columbia

The court partly granted an application for further and better particulars, refusing particulars on alleged confidential information but ordering particulars of third-party breaches.

• Particulars
• Discovery
• Breach of confidence
• Solicitation of customers
• Unlawful interference with contractual relations
• Non-competition agreements

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