Elias et al v Western Financial Group Inc, 2017 MBCA 110
Judge | Mr. Justice Michel A. Monnin; Madam Justice Holly C. Beard; Madam Justice Jennifer A. Pfuetzner |
Court | Court of Appeal (Manitoba) |
Case Date | November 15, 2017 |
Jurisdiction | Manitoba |
Citations | 2017 MBCA 110 |
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14 practice notes
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NIEBERGAL v. QHR TECHNOLOGIES INC., 2020 SKQB 327
...and applied by courts across Canada. In addition to Weyerhaeuser, more notable examples include: Elias v Western Financial Group Inc., 2017 MBCA 110, 417 DLR (4th) 695 [Western Financial]; IFP Technologies (Canada) v EnCana Midstream and Marketing, 2017 ABCA 157, [2017] 12 WWR 261 [IFP Tech......
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UNMIXING THE MIXED QUESTIONS: A FRAMEWORK FOR DISTINGUISHING BETWEEN QUESTIONS OF FACT AND QUESTIONS OF LAW IN CONTRACTUAL INTERPRETATION.
...Hi-Tech Group Inc v Sears Canada Inc (2001), 52 OR (3d) 97 at para 18, [2001] OJ No 33 (CA); Elias et al v Western Financial Group Inc, 2017 MBCA 110 at para 102 (166) See Eli Lilly & Co v Novopharm Ltd, [1998] 2 SCR 129 at para 55, [1998] 161 DLR (4th). It was overruled by Sattva. See ......
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Can-West Development Ltd. v. Parmar, 2019 BCSC 1573
...to provide: [64] … The Manitoba Court of Appeal summarized the definition of ambiguity in Elias v. Western Financial Group Inc., 2017 MBCA 110: [78] Another issue that is raised by this appeal is the law respecting ambiguity of contractual provisions. It must be emphasized that a contractua......
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Rosenberg et al v Securtek Monitoring Solutions Inc,
...mechanism by which the reasonable expectations of the contracting parties are protected (see Elias et al v Western Financial Group Inc, 2017 MBCA 110 at paras 76-77, leave to appeal to SCC refused, 37907 (9 August 2018)). [112] Accordingly, the decision-maker must appreciate that contractua......
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11 cases
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NIEBERGAL v. QHR TECHNOLOGIES INC., 2020 SKQB 327
...and applied by courts across Canada. In addition to Weyerhaeuser, more notable examples include: Elias v Western Financial Group Inc., 2017 MBCA 110, 417 DLR (4th) 695 [Western Financial]; IFP Technologies (Canada) v EnCana Midstream and Marketing, 2017 ABCA 157, [2017] 12 WWR 261 [IFP Tech......
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Can-West Development Ltd. v. Parmar, 2019 BCSC 1573
...to provide: [64] … The Manitoba Court of Appeal summarized the definition of ambiguity in Elias v. Western Financial Group Inc., 2017 MBCA 110: [78] Another issue that is raised by this appeal is the law respecting ambiguity of contractual provisions. It must be emphasized that a contractua......
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Rosenberg et al v Securtek Monitoring Solutions Inc,
...mechanism by which the reasonable expectations of the contracting parties are protected (see Elias et al v Western Financial Group Inc, 2017 MBCA 110 at paras 76-77, leave to appeal to SCC refused, 37907 (9 August 2018)). [112] Accordingly, the decision-maker must appreciate that contractua......
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295 Garry Street Inc v Mittal et al,
...give effect to the intention of the parties, to be gathered from the words they have used (see Elias et al v Western Financial Group Inc, 2017 MBCA 110 at para 68). This has also been described as “discerning the parties’ ‘reasonable expectations with respect to t......
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2 firm's commentaries
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Negotiating The Factual Matrix ' Corner Brook (City) v. Bailey 2021 SCC 29
...Contractual Interpretation Law, 4th ed (Markham: LexisNexis, 2020) at 428 8 See for example Elias et al v Western Financial Group Inc, 2017 MBCA 110 at para 9 Additionally, although Wastech Services v Greater Vancouver 2021 SCC 7 involved the duty to exercise contractual discretion in good ......
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Negotiating The Factual Matrix ' Corner Brook (City) v. Bailey 2021 SCC 29
...Contractual Interpretation Law, 4th ed (Markham: LexisNexis, 2020) at 428 8 See for example Elias et al v Western Financial Group Inc, 2017 MBCA 110 at para 9 Additionally, although Wastech Services v Greater Vancouver 2021 SCC 7 involved the duty to exercise contractual discretion in good ......
1 books & journal articles
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UNMIXING THE MIXED QUESTIONS: A FRAMEWORK FOR DISTINGUISHING BETWEEN QUESTIONS OF FACT AND QUESTIONS OF LAW IN CONTRACTUAL INTERPRETATION.
...Hi-Tech Group Inc v Sears Canada Inc (2001), 52 OR (3d) 97 at para 18, [2001] OJ No 33 (CA); Elias et al v Western Financial Group Inc, 2017 MBCA 110 at para 102 (166) See Eli Lilly & Co v Novopharm Ltd, [1998] 2 SCR 129 at para 55, [1998] 161 DLR (4th). It was overruled by Sattva. See ......