Briggs v. Desjardins Seed Farms Ltd.

JurisdictionNew Brunswick
CourtCourt of Appeal (New Brunswick)
JudgeGreen,Baird,French
Citation2019 NBCA 2
Date10 January 2019
Docket Number125-17-CA

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3 practice notes
  • Darling v. Best et al.
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • August 7, 2020
    ...test as a term which the parties would say, if questioned, that they had obviously assumed (see e.g. Briggs v. Desjardins Seed Farms Ltd., 2019 NBCA 2 at paragraphs 15-17).  The Respondents submit that it is contrary to the business efficacy of a shotgun provision and defies any reason......
  • 666917 N.B. Inc. et al. v. Stairs Building (2004) Ltd.
    • Canada
    • Court of Appeal (New Brunswick)
    • June 2, 2022
    ...a term which the parties would say, if questioned, that they had obviously assumed’”: Briggs v. Desjardins Seed Farms Ltd., 2019 NBCA 2, [2019] N.B.J. No. 2 (QL), at para. [48]                 &#xA......
  • Darling c. Best et autre
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • August 7, 2020
    ...tenu son inclusion pour acquise » (voir, par exemple, Briggs c. Fermes Semences Desjardins Seed Farms Ltd./Ltée, 2019 NBCA 2, aux par. 15 à 17). Les intimés soutiennent qu’il est contraire à l’efficacité commerciale d’une clause u......
3 cases
  • Darling v. Best et al.
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • August 7, 2020
    ...test as a term which the parties would say, if questioned, that they had obviously assumed (see e.g. Briggs v. Desjardins Seed Farms Ltd., 2019 NBCA 2 at paragraphs 15-17).  The Respondents submit that it is contrary to the business efficacy of a shotgun provision and defies any reason......
  • 666917 N.B. Inc. et al. v. Stairs Building (2004) Ltd.
    • Canada
    • Court of Appeal (New Brunswick)
    • June 2, 2022
    ...a term which the parties would say, if questioned, that they had obviously assumed’”: Briggs v. Desjardins Seed Farms Ltd., 2019 NBCA 2, [2019] N.B.J. No. 2 (QL), at para. [48]                 &#xA......
  • Darling c. Best et autre
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • August 7, 2020
    ...tenu son inclusion pour acquise » (voir, par exemple, Briggs c. Fermes Semences Desjardins Seed Farms Ltd./Ltée, 2019 NBCA 2, aux par. 15 à 17). Les intimés soutiennent qu’il est contraire à l’efficacité commerciale d’une clause u......