Date: Mon, 7 Jan 2008 21:42

From: Jason Neyers

Subject: New SCC case on Contract

Dear Colleagues:

Some of you might be interested in the SCC's decision in Jedfro Investments (U.S.A.) Ltd. v. Jacyk which was released stealthily on December 20th. It is interesting mainly because it eviscerates a radical doctrine created by Laskin JA in the Court of Appeal as follows:

Where parties act in a way that shows they do not intend to comply with or be bound by the terms of their written agreement, one party cannot later come to court and ask to have the agreement enforced for its benefit. Enforcing the written agreement in these circumstances would be contrary to the intention of the parties, as evidenced by their conduct.

Happy New Year!

--
Jason Neyers
Associate Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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