notes on new arbitration cases in Canada
…Greater Vancouver Sewerage and Drainage District v. Wastech Services Ltd., 2016 BCCA 393 (“Wastech 2016 BCCA 393”). Regarding the standard of review, the Court of Appeal’s reasons in Wastech 2016…
…impossible for Wastech to achieve its Target OR. That year, its Target OR was 96%. Despite Wastech’s proven contractual expectations, the CA included no provision to compensate Wastech for lost…
My top pick for 2021 is Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7 [Wastech]. For most, Wastech’s primary importance relates to the common law…
…Canada issued its decision in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7[Wastech], a case expounding on the good faith exercise of contractual discretion adopted…
…of law, as established in Mexico v. Cargill, Incorporated, 2011 ONCA 622. Griffin J.A. noted the release of Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC…
…a manner that was consistent with the purposes for which the discretion was provided in the contract, in accordance with the Supreme Court of Canada decision in Wastech Services Ltd…
…and Drainage District, 2021 SCC 7 (“Wastech”). The Chief Justice rejected this argument, noting that Christie relied on the Minority reasons in Wastech in support of its position. He quoted…
…the context of arbitration, this principle still holds. Endorsing Brown and Rowe JJ.’s (Côté J. concurring) minority opinion in Wastech Services, the Court noted that the differences between arbitration and…
…bargain. [99] Yet, the parties chose to settle their disagreement through a detailed contract. As the Supreme Court noted in [Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District,…
…argued that the minority view in the most recent Supreme Court of Canada decision on the issue of standard of review, Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage…