Palcic et al. v. Sadek et al.,

JurisdictionBritish Columbia
JudgeMaisonville, J.
CourtSupreme Court of British Columbia (Canada)
Citation2012 BCSC 1651,[2012] B.C.T.C. Uned. 1651 (SC),[2012] B.C.T.C. Uned. 1651
Date07 November 2012

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6 practice notes
  • Urban Communications Inc. v. BCNET Networking Society,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 25, 2014
    ...is the concern of the parties at the time of forming the contract, not for the Court to determine in construing it: See Palcic v. Sadek , 2012 BCSC 1651 [ Palcic ], aff'd 2013 BCCA 440; Cranewood Financial Corp. v. Norisawa , 2001 BCSC 1126, at para. 354. A complete failure of consideration......
  • Precursor Capital Corp. v. HydRx Farms Ltd.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 10, 2018
    ...1 S.C.R. 426 at 499-500. [120] Justice Maisonville reviewed the law pertaining to total failure of consideration in Palcic v. Sadek, 2012 BCSC 1651 at paras. 131-135, aff’d 2013 BCCA 440. She cited Halsbury’s, as did the Court in MFC Bancorp Ltd. v. Aqua Plan Inc. (1999), 2 B.L.R. (3d) 87 (......
  • Chriss v. TD Bank Financial Group et al.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 5, 2013
    ...Those written submissions are to be filed with my judicial assistant at Barrie within that time period. Footnotes 1. Palcic v. Sadek , 2012 BCSC 1651 (CanLii) at para. 88, aff'd 2013 CarswellBC 3082 (C.A.) 2. Crawford , The Law of Banking and Payments in Canada (Canada Law Book: Looseleaf) ......
  • 2024 BCSC 1617,
    • Canada
    • January 1, 2024
    ...of consideration has in fact received any part of the benefit bargained for under the contract or purported contract: Palcic v. Sadek, 2012 BCSC 1651 at paras 133 and 52 Assuming that commission can be denied on the basis of either a fundamental breach or complete failure of consideration, ......
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6 cases
  • Urban Communications Inc. v. BCNET Networking Society,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 25, 2014
    ...is the concern of the parties at the time of forming the contract, not for the Court to determine in construing it: See Palcic v. Sadek , 2012 BCSC 1651 [ Palcic ], aff'd 2013 BCCA 440; Cranewood Financial Corp. v. Norisawa , 2001 BCSC 1126, at para. 354. A complete failure of consideration......
  • Precursor Capital Corp. v. HydRx Farms Ltd.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 10, 2018
    ...1 S.C.R. 426 at 499-500. [120] Justice Maisonville reviewed the law pertaining to total failure of consideration in Palcic v. Sadek, 2012 BCSC 1651 at paras. 131-135, aff’d 2013 BCCA 440. She cited Halsbury’s, as did the Court in MFC Bancorp Ltd. v. Aqua Plan Inc. (1999), 2 B.L.R. (3d) 87 (......
  • Chriss v. TD Bank Financial Group et al.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 5, 2013
    ...Those written submissions are to be filed with my judicial assistant at Barrie within that time period. Footnotes 1. Palcic v. Sadek , 2012 BCSC 1651 (CanLii) at para. 88, aff'd 2013 CarswellBC 3082 (C.A.) 2. Crawford , The Law of Banking and Payments in Canada (Canada Law Book: Looseleaf) ......
  • 2024 BCSC 1617,
    • Canada
    • January 1, 2024
    ...of consideration has in fact received any part of the benefit bargained for under the contract or purported contract: Palcic v. Sadek, 2012 BCSC 1651 at paras 133 and 52 Assuming that commission can be denied on the basis of either a fundamental breach or complete failure of consideration, ......
  • Get Started for Free