Contracts
SCC Decision: January 23, 2009
Submitted by Andrew Pilliar on Tue, 2009-02-03 17:16Shafron 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
Submitted by Andrew Pilliar on Fri, 2007-12-21 09:21Jedfro 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
