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(Toronto: Carswell, 2011), Ruth Sullivan, The Construction of Statutes, 7th ed. Fridman, The Law of Contract in Canada, 6th ed. Trump, 2016 ONCA 747, De Molestina & Ors v Ponton & Ors, E.W.H.C. Collins Family Trust, 2022 SCC 26, Rick v. et al., 2004 MBCA 63, Canada (Attorney General) v. Bank of Montreal, 2011 SCC 26, Nesbitt v. London and Northwestern Railway Company (1871), L.R. Bird Construction Co. 2018 SCC 8, Paul D’Aoust Construction Ltd. 1839563 Ontario Limited, 2020 ONSC 6302, Valard ConstructionLtd. Québec (Régie des permis d’alcool), 3 S.C.R. Supreme Graphics Limited, 2014 BCCA 117, Zaidan Group Ltd. Metcalfe & Mansfield, 2011 ONSC 5008, York University v. Keywords: Contracts, Construction, Surety Bonds, Performance Bonds, Payment Bonds, Fraudulent Misrepresentation, Equitable Remedies, Rescission, Restitutio in Integrum, Restitutio in Specie, Construction Act, R.S.O. Zurich Insurance Company Ltd., 2022 ONCA 595 Hudson’s Bay Company ULC, 2021 BCSC 1178, Tauro v. Pension Fund Investment Ltd., 2020 BCSC 1959, Cherry Lane Shopping Centre Holdings v.
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Integra Custom Collision Ltd., 2007 BCCA 24, Hudson’s Bay Company ULC v. Maritime Life Assurance Company, 2 S.C.R. Inc., 2020 ONSC 5768, Saskatchewan River Bungalows Ltd. 8477 Darlington Crescent, 2011 ONCA 363, Hunt’s Transport Limited v. Oxford Properties Group Inc., 2003 Carswell Ont. et al., 2014 ONSC 1138, The Second Cup Ltd. Keywords: Contracts, Real Property, Commercial Leases, Relief from Forfeiture, COVID-19, Damages, Interest, Commercial Tenancies Act, R.S.O. Oxford Properties Retail Holdings II Inc., 2022 ONCA 585 Hudson’s Bay Company ULC Compagnie de la Baie D’Hudson SRI v.
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The Court confirmed the lower court’s ruling that the patent laws contain a complete code of remedies in such a case, and Apotex could not assert any common law claim to damages.
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v Eli Lilly Canada Inc., the appellant generic drug company, Apotex, failed in its bid to sue Eli Lilly for damages in keeping its generic drug out of the market in reliance on an issued patent that was ultimately set aside.
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The matter must now proceed to trial for a determination of the appropriateness and nature of any rescission remedy. Unfortunately, in this case, there were insufficient facts in evidence, so the Court could do no more than answer a theoretical question of the possible availability of rescission. As rescission is an equitable remedy focused on practical justice, the courts’ approach to rescission is flexible and it may tailor a rescission remedy based on the facts of each case. Zurich Insurance Company Ltd., the Court ruled that it is possible for a construction performance bond issuer to seek rescission of a bond agreement on the basis of fraudulent misrepresentations and collusion, even when doing so would affect the rights of innocent third parties.
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It is to provide a tenant with a reasonable opportunity to come into full compliance with all of the terms of the lease. The Court disapproved, and made clear that relief from forfeiture is not an invitation to the courts to rewrite the terms of a commercial lease. HBC was later ordered to pay a lower amount of interest on arrears of rent than provided for under the lease. That order permitted HBC to only pay half its rent for a period of time in order to remain in good standing under the lease. Oxford Properties Retail Holdings II Inc. HBC successfully sought relief from forfeiture of its lease at Hillcrest Mall at the beginning of the pandemic lockdowns. The headline decision of the week was Hudson’s Bay Company ULC Compagnie de la Baie D’Hudson SRI v. Following are this week’s summaries of the Court of Appeal for Ontario for the week of August 15, 2022.