From: | Gerard McMeel <Gerard.mcmeel@quadrantchambers.com> |
To: | Andrew Tettenborn <a.m.tettenborn@swansea.ac.uk> |
Stephen Pitel <spitel@uwo.ca> | |
Obligations <obligations@uwo.ca> | |
Date: | 26/06/2020 15:19:41 UTC |
Subject: | Re: ODG: Supreme Court of Canada on Unconscionability in Contract |
The result reached by the majority looks unimpeachable. The dissenting view that we are the realm of international commercial arbitration has an air of unreality (but might succeed in London or perhaps New York, where such distortions of the common law tradition often succeed).
Gerard
It certainly does. On a quick reading it seems to me that there's a certain amount of platitude, and that we could have done with a more analytical approach. But I may well have missed something.
Andrew
The Supreme Court of Canada has released its much-awaited decision in Uber Technologies Inc. v Heller:
https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/18406/index.do
I have not read it yet, but it seems to cite a great deal of academic authority around unconscionability.
Stephen
Professor Stephen G.A. Pitel
Faculty of Law, Western University
(519) 661-2111 ext 88433
Vice-President, Canadian Association for Legal Ethics/Association canadienne pour l’ethique juridiquePast President, University of Western Ontario Faculty Association
Andrew Tettenborn Professor of Commercial Law, Swansea University Institute for International Shipping and Trade Law
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