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issues of contractual interpretation

By Occasional Contributors | 4 Minutes Read May 24, 2018

When liability waivers are upheld

This case illustrates that waivers can be a complete bar to the right to sue and that participants being provided a waiver have the option to opt out of the activity if they are not comfortable with solely bearing the risk associated with it.

Article by Occasional Contributors / Business / Exclusion Clause, issues of contractual interpretation, Liability waivers, right to sue, risk, safety risk

By Occasional Contributors | 4 Minutes Read August 11, 2014

Supreme Court of Canada limits the right to appeal commercial arbitral decisions on issues of contractual interpretation

In Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 (Sattva), released August 1, 2014, the Supreme Court of Canada overturned the historical approach and held that contractual interpretation involves questions of mixed fact and law rather than pure questions of law. As a result, leave to appeal from an arbitral award interpreting a contract should not have been granted. The Court also reaffirmed the contextual approach to contractual interpretation and explained the role of surrounding circumstances in contractual interpretation.

Article by Occasional Contributors / Business, Finance and Accounting / arbitral award, Commercial and corporate law, commercial contracts, contractual interpretation involves questions of mixed fact and law, dispute, finder’s fee agreement, finder’s fee in the form of shares, interpreting a contract, issues of contractual interpretation, limits the right to appeal commercial arbitral decisions, Sattva Capital Corp. v. Creston Moly Corp., Supreme Court of Canada

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