Western Canada Business Litigation Blog

Tag Archives: Breach of Contract

BC Court of Appeal Reaffirms Finality of Arbitration Decisions

Posted in Civil Litigation, Civil Procedure
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The recent decision of the British Columbia Court of Appeal in Chriscan Enterprises Ltd. v. St. Pierre, 2016 BCCA 442, reminds those who elect to resolve their business disputes through arbitration that decisions of the arbitrator, even those touching on the fairness of procedures, will generally be final and not subject to review by the… Continue Reading

Can a Fundamental Breach of Contract Sink an Exclusion Clause?

Posted in Commercial
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Frequently, sales contracts contain exclusion clauses that insulate a seller from responsibility for the condition of the goods being sold.   The buyer gets a product they think is of a certain quality and, when they find out it is not, these clauses prevent any recourse against the seller.   However, if the purchaser can establish that… Continue Reading