Canlanka Ventures Ltd v Capital Direct Lending Corp,
Judge | The Honourable Madam Justice Myra Bielby,The Honourable Madam Justice Ritu Khullar,The Honourable Madam Justice Dawn Pentelechuk |
Neutral Citation | 2021 ABCA 115 |
Date | 25 March 2021 |
Citation | 2021 ABCA 115 |
Docket Number | 1901-0356AC |
Court | Court of Appeal (Alberta) |
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9 practice notes
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Serinus Energy Plc v SysGen Solutions Group Ltd,
...the contractual bargain agreed to by the parties: Tercon at paras 122–23; Canlanka Ventures Ltd v Capital Direct Lending Corp, 2021 ABCA 115 at para 260 I find that the first two elements of the Tercon test are met. The Exclusion Clause clearly and expressly references punitive damag......
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In Good Faith: Seven Cases Impacting Your Contracts
...was not met. Duty of Honest Performance + Good Faith Cannot Be Contracted Out Of: Canlanka Ventures Ltd. v Capital Direct Lending Corp., 2021 ABCA 115; Berscheid v Government of Manitoba, 2022 MBCA 12 In Canlanka, the parties entered into an agreement for mortgage services. The respondent (......
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How A Plaintiff Proves Breach Of Good Faith In A Commercial Contract
...for breach of good faith? A recent decision of the Alberta Court of Appeal, Canlanka Ventures Ltd. v. Capital Direct Lending Corp., 2021 ABCA 115, provides answers to both of these Misrepresentations and good faith Canlanka involved a contract between the appellant mortgage broker and the r......
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How A Plaintiff Proves Breach Of Good Faith In A Commercial Contract
...for breach of good faith? A recent decision of the Alberta Court of Appeal, Canlanka Ventures Ltd. v. Capital Direct Lending Corp., 2021 ABCA 115, provides answers to both of these Misrepresentations and good faith Canlanka involved a contract between the appellant mortgage broker and the r......
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1 cases
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Serinus Energy Plc v SysGen Solutions Group Ltd,
...the contractual bargain agreed to by the parties: Tercon at paras 122–23; Canlanka Ventures Ltd v Capital Direct Lending Corp, 2021 ABCA 115 at para 260 I find that the first two elements of the Tercon test are met. The Exclusion Clause clearly and expressly references punitive damag......
8 firm's commentaries
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In Good Faith: Seven Cases Impacting Your Contracts
...was not met. Duty of Honest Performance + Good Faith Cannot Be Contracted Out Of: Canlanka Ventures Ltd. v Capital Direct Lending Corp., 2021 ABCA 115; Berscheid v Government of Manitoba, 2022 MBCA 12 In Canlanka, the parties entered into an agreement for mortgage services. The respondent (......
-
How A Plaintiff Proves Breach Of Good Faith In A Commercial Contract
...for breach of good faith? A recent decision of the Alberta Court of Appeal, Canlanka Ventures Ltd. v. Capital Direct Lending Corp., 2021 ABCA 115, provides answers to both of these Misrepresentations and good faith Canlanka involved a contract between the appellant mortgage broker and the r......
-
How A Plaintiff Proves Breach Of Good Faith In A Commercial Contract
...for breach of good faith? A recent decision of the Alberta Court of Appeal, Canlanka Ventures Ltd. v. Capital Direct Lending Corp., 2021 ABCA 115, provides answers to both of these Misrepresentations and good faith Canlanka involved a contract between the appellant mortgage broker and the r......
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Top 10 Recent Legal Developments Impacting Commercial Litigation In Alberta
...both existing and prospective litigants in Alberta. 1. Duty of Honest Performance: Canlanka Ventures Ltd v Capital Direct Lending Corp., 2021 ABCA 115 In Canlanka Ventures Ltd v Capital Direct Lending Corp., the Alberta Court of Appeal confirmed that a party may breach its duty of honest co......
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