privity of contract exceptions

• London Drugs Ltd. v. Kuehne & Nagel International Ltd., [1992] 3 S.C.R. 299 (1992)

... from limitation of liability clause in contract of storage between employer and customer. Contractts -- Privity of contract -- Limitation of liability clause -- T...While none of the traditional exceptions to privity of contract is applicable here, the doc...

• Supreme Court of Canada

• British Columbia Native Women'S Society and Jane Gottfriedson v. Canada, 2001 FCT 646 (2001)

...(3) Reading in contractual provisions. (4) Availability of declaratory relief... three points: first, the doctrine of privity of contract applies against the Plaintiffs; second... properly points out that there are exceptions by which a contract may confer rights upon a third...

• Federal Court

• The downside of preclusion: some behavioural and economic effects of cause of action estoppel in civil actions.

... same cause of action, although some exceptions to the general rule have been carved out in unusua..., after a plaintiff fails in a breach of contract action: . Ordinarily the plaintiff avoids any ques... and issue preclusion, and the concept of "privity". See generally Allan D Vestal, Res Judicata/Precl...

• McGill Law Journal
• Vol. 56 Nbr. 3, April 2011

• Dryburgh v. Oak Bay Marina (1992) Ltd., 2001 FCT 671 (2001)

... an exculpatory clause in a mooring contract exempts the defendants Oak Bay Marina Ltd. ("Oak B...[19] Although he concluded that the exceptions to the doctrine of privity of contract, based on t...

• Federal Court

• Fraser River Pile & Dredge Ltd. v. Can-Dive Services Ltd., [1999] 3 S.C.R. 108 (1999)

...Contracts -- Privity of Contract -- Insurance policy -- Doct... the creation of specific judicial exceptions, or more substantively, through legislative reform...

• Supreme Court of Canada

• Société Telus Communications c. Peracomo Inc., 2011 FC 494 (2011)

... repair in accordance with a pre-existing contract among them. They took action in personam against P... Québec and so falls well within the exceptions to the remoteness rule discussed in Canadian Natio... occurring without their “actual fault or privity,” “faute ou complicité réelle.” If those sect...

• Cour Fédérale

• King v. Shuniah Financial Services Ltd., 2006 FC 632 (2006)

..., by the time of the hearing Shuniah's contract for Third Party Management had lapsed and a differ...1. Under the expanded doctrine of privity in contract law it can enforce the Agreement as if... also accepted that there are certain exceptions to the doctrine of privity such as trust and agenc...

• Federal Court

• Mortgages And Construction Liens

... when a lien claimant, who may be a contractor or subcontractor or materials supplier, first supp... of subcontractors that do not have privity of contract with the party making the payment. The... for lenders, there are a number of exceptions. Each has its own nuances and special features, ho...

• Mondaq Business Briefing
• Canada Law Articles in English

• Société Telus Communications v. Peracomo Inc., 2011 FC 494 (2011)

... repair in accordance with a pre-existing contract among them. They took action in personam against P... Québec and so falls well within the exceptions to the remoteness rule discussed in Canadian Natio... occurring without their “actual fault or privity,” “faute ou complicité réelle.” If those sect...

• Federal Court

• Canada v. Design Services Ltd., 2006 CAF 260 (2006)

...contract, to the architect, consultants and subcontractors ... squarely within any of the established exceptions to the common law rule against recovery for pure e... as relaxing the doctrine of the privity of contract for use as a shield, not as a sword. A...

• Federal Court of Appeal