Contracts

SCC Decision: January 23, 2009

Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6
Click here to link to the full judgment.
(Contracts / Employment)
S sold his insurance agency to KRG, but remained employed by the agency for another 14 years.  S's employment contracts contained a restrictive covenant in which S agreed to not be employed in the insurance broker business within the "Metropolitan City of Vancouver" for three years after termination.  In 2001, S began working for a different insurance broker in Richmond.  KRG sued.  The trial judge dismissed the case, finding "Metropolitan City of Vancouver" to be ambiguour.  The Court of Appeal set aside the decision, finding that the term could be interpreted to mean various cities in the Vancouver area.  The Supreme Court overturned the Court of Appeal, holding that "Metropolitan City of Vancouver" was ambiguous, and the Court of Appeal had no basis on which to substitute their preferred definition.
Majority/Dissent: 7/0

SCC Decision: December 20, 2007

Jedfro Investments (U.S.A.) Ltd. v. Jacyk, 2007 SCC 55
Click here to link to the full judgment.
(Contracts / Enforcement / Breach)
One member of a joint venture sued the other two parties for breach of the joint venture agreement.  The parties had earlier defaulted on the joint venture agreement, but chose not to abide by its default provisions.  One party (not the suing party) had rescued the joint venture by purchasing the joint venture's debt.  The Court held that the parties did not discharge the agreement; there was no agreement to terminate, no abandonment, and they did not treat the breach as ending the agreement.
Majority/Dissent: 7/0

Transferring liability for negligence in commercial contracts: the Canada Steamship test

Michael Dew is a Vancouver lawyer who practices in all areas of civil litigation (including ICBC cases). Click here for contact information and further details about Michael’s practice.

 
Summary

Part performance by part payment: when will the part payment be recoverable by the defaulting party?

Michael Dew is a Vancouver lawyer who practices in all areas of civil litigation (including ICBC cases). Click here for contact information and further details about Michael’s practice.
 
Introduction
Under the “entire contract rule”, a party to a contract who performs only part of their obligations is not entitled to any payment, and the work done in part performance is forfeited. But what about a party who makes a part payment under a contract and then decides they would rather not go ahead with the rest of the contract, and wants their part payment back? This article considers the circumstances in which part payments will be recoverable, and those in which they will not.
 
The entire contract rule

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