Telus became the third Canadian telecommunication giant ordered to pay clients who paid excessive cancellation fees after the Quebec Court of Appeal partially overturned a lower court decision that dismissed the class action.
contracts
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Murder clauses
The list of private and public sector organizations that are trying to rewrite the rules and pass on risks to architects seems to be literally growing by the day. The City of Burlington in Ontario tried to do it, with its Request for Proposal (RFP) for the design of a new pavilion building. So too did the City of Kingston when it issued an RFP for a community centre. Educational institutions such as Ryerson University and the Colliers Project Leaders in Fort Frances had a go at it as did the Liquor Control Board of Ontario. And that’s apart from the biggest culprit, Infrastructure Ontario, a Crown Agency that has been the subject of untold spirited discussions among the architectural community. All told, the Ontario Association of Architects (OAA) issued half a dozen warnings over the past year to its 4,000 strong members about RFPs that were plagued with inappropriate, unfair and unreasonable conditions and expectations that unnecessarily subjected architects to unacceptable and uninsurable contract conditions. -
Terms of contract usurp good faith, holds Quebec Appeal Court
Former employees of an asset management firm who claimed that they were unfairly bought out just before the company was sold lost a legal battle after the Quebec Court of Appeal held that the duty to act in good faith does not mean that a party to a contract must impoverish itself to enrich the other.In a ruling that will likely reverse a growing trend by the courts to broadly interpret the notion of good faith, the Quebec appeal court reaffirms that the terms of a contract determines the rights of parties and that it almost always trumps the duty to act in good faith, a finding that will reassure corporate lawyers and the business world alike, according to securities lawyers.
