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contract interpretation

By Occasional Contributors | 5 Minutes Read December 21, 2017

Alberta Court of Appeal reaffirms importance of considering factual matrix in contractual interpretation

The rules of contractual interpretation have evolved significantly in the last several years in Canada. At one time, the circumstances surrounding the preparation of a contract were rarely considered by the courts; the courts preferred to look within the “four walls” of the contract to interpret ambiguous phrases or to resolve uncertainties. More recently, however, the courts have begun to consider all of the circumstances involved in the drafting of the contract in order to give meaning to it and to ensure that the intention of the parties is carried out.

Article by Occasional Contributors / Business, Finance and Accounting / contract interpretation, contracts, factual matrix

By Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) | 4 Minutes Read September 12, 2016

The pitfalls of unwritten contracts – Part 3

Getting your contracts in writing is half the battle. You must also ensure that your contract says what you want it to say, and says it clearly. The main issue in the following case was the interpretation of an employment agreement.

Article by Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) / Business, Finance and Accounting, Not for Profit, Payroll / common law notice, contract interpretation, contracts, employee contracts, lawsuits, litigation, notice pay, reasonable notice, termination pay, unwritten contracts

By Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) | 4 Minutes Read July 4, 2016

The pitfalls of unwritten contracts – Part 1

This is not to suggest that written contracts provide perfect inoculation against lawsuits—litigants often misunderstand the obvious; written information may be open to multiple interpretations; and people sue even when they have no case. Two important considerations when making an agreement that you wish to be legally binding and enforceable in a court of law, are:

Article by Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) / Business, Finance and Accounting, Not for Profit, Payroll / agreements, business relationships, choice of forum, choice of law, contract clauses, contract interpretation, contracts, employment agreement, enforceability, land transactions, litigation, non-profit and employment context, oral contracts, Statute of Frauds, unwritten contracts, unwritten contracts in employment relationships, written contract

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