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Canada Case Law

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Contract law (1918) 56 SCR 365

Gagnon v. Lemay

The Supreme Court of Canada held that the default clause in the sale agreement was a pacte commissoire benefiting the vendor only, so the purchaser could not end the contract by default.

  • Rescission
  • Lex commissoria (pacte commissoire)
  • Resolutive condition
  • Mise en demeure
  • Forfeiture of payments
  • Contract-rescission
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Commercial law (1908) 41 SCR 185

Dominion Textile Co. v. Angers

The Supreme Court of Canada upheld rescission of a share-exchange agreement that was conditional on security and transfer steps that were not completed.

  • Sale of shares
  • Resolutive condition
  • Hypothecary security
  • Construction of contract
  • Rescission
  • Mortgage
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Property law (1908) 40 SCR 98

Rioux v. Saint Lawrence Terminal Co.

The Supreme Court of Canada held that the timber clause in a land sale was a resolutive condition and restriction, not a reservation of ownership of all timber.

  • Sale of land
  • Reservation of timber
  • Construction of deed
  • Resolutive condition
  • Trespass
  • Contract interpretation
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.