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However, Uber attempted to invoke an arbitration clause included in its contracts with Canadian drivers which required that all disputes between Uber and the drivers be resolved by arbitration in the Netherlands. In an 8–1 decision, the Supreme Court of Canada held that the arbitration clause in Heller's contract with Uber was unconscionable ...
The terms Contract A and Contract B in Canadian contract law refer to a concept applied by the Canadian courts regarding the fair and equal treatment of bidders in a contract tendering process, for example to award a construction contract. Essentially this concept formalizes previously applied precedents and strengthens the protection afforded ...
All three of these clauses give the government the right, at any time and without notice to the sureties, to make changes in the work within the general scope of the contract. The clause for fixed-price contracts specifies that changes may be made to the specifications (including drawings and designs), the method or manner of performance ...
In Canada, the Supreme Court of Canada has recognised that good faith contractual performance is a general organising principle of the common law.This duty applies to all contracts, requiring parties to act honestly in the performance of their obligations, and therefore would operate to determine whether activation of a termination for convenience clause had been done in good faith.
In an 8–1 decision, the Supreme Court of Canada held that the arbitration clause in Heller's contract with Uber was unconscionable. [6] Further, the majority held that the contract was void because it attempted to contract out of the Employment Standards Act.
Tercon Contractors Ltd. v. British Columbia (Transportation and Highways) is a British Columbia legal case which was resolved in the Supreme Court of Canada in 2010 on a majority decision, both the majority and the dissenting Justices agreeing that the legal doctrine of fundamental breach should be "laid to rest", or "donner le coup de grâce" in the French report, [1] in respect of the ...
This new duty of honest performance is a general doctrine of contract law that imposes as a contractual duty a minimum standard of honesty in contractual performance. It operates irrespective of the intentions of the parties, and is to this extent analogous to equitable doctrines which impose limits on the freedom of contract , such as the ...
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...