Rosas v. Toca, 2018 BCCA 191
| Jurisdiction | British Columbia |
| Judge | The Honourable Chief Justice Bauman,The Honourable Madam Justice Fenlon,The Honourable Madam Justice Fisher |
| Citation | 2018 BCCA 191 |
| Docket Number | Rosas v. Toca |
| Court | Court of Appeal (British Columbia) |
| Date | 18 May 2018 |
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50 practice notes
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Consideration and Form
...of the doctrine 191 Above note 183 at para 32. Compare Kennedy v Clark , 2009 NBCA 60, for discussion of which, see Rosas v Toca , 2018 BCCA 191 at paras 110–12. 192 Ibid . 193 2009 BCSC 589, rev’d on other grounds 2011 BCCA 79. 194 Ibid at para 33 (BCSC). THE LAW OF CONTR ACTS 276 of promi......
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FRESH CONSIDERATION RULE: INSIGHTS FROM ITS RESURRECTION IN QUACH V MITRUX SERVICES LTD.
...Services Ltd," UBC Law Review: Vol. 54: Iss. 2, Article 6 . Available at: https://commons.allard.ubc.ca/ubclawreview/vol54/iss2/6 (1) 2018 BCCA 191 (2) Joe McArthur & Joshua Hutchinson, "Lottery Winner Loan Case Sets Precedent, B.C. Court Reforms Centuries- Old Consideration Doctrine" ......
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Consumer Bankruptcy
...when the debtor has continued to make payments during and after the bankruptcy and discharge. [83] In a recent decision, Rosas v Toca , 2018 BCCA 191, the British Columbia Court of Appeal ruled that absent duress, unconscionability, or other public policy concerns, there is no need for fres......
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Cadwell Estate v. Martin,
...makes an argument related to his argument for estoppel based upon alleged variation of the loan agreement. Relying on Rosas v. Toca, 2018 BCCA 191 [Rosas], the plaintiff argues that Billie Martin’s assurances that the “investment” was safe, and that the Martins were not......
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28 cases
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Cadwell Estate v. Martin,
...makes an argument related to his argument for estoppel based upon alleged variation of the loan agreement. Relying on Rosas v. Toca, 2018 BCCA 191 [Rosas], the plaintiff argues that Billie Martin’s assurances that the “investment” was safe, and that the Martins were not......
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Quach v. Mitrux Services Ltd., 2020 BCCA 25
...a binding contract. There has been shifting of this principle in cases of variation of terms of the contract, discussed in Rosas v. Toca, 2018 BCCA 191. Rosas considered a series of informal arrangements to extend the time for payment of a debt, to the point that the limitation period on th......
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Servus Credit Union v Sulyok, 2018 ABQB 860
...when the debtor has continued to make payments during and after the bankruptcy and discharge. [83] In a recent decision, Rosas v Toca, 2018 BCCA 191, the British Columbia Court of Appeal ruled that absent duress, unconscionability, or other public policy concerns, there is no need for fresh......
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Grimsley v. Roe, 2018 BCSC 985
...of the New South Wales Supreme Court in McGuren v. Simpson, [2004] NSWSC 35. [70] In a recently released judgement, Rosas v. Toca, 2018 BCCA 191 [Rosas], the Court of Appeal confirmed that under orthodox common law, an agreement by a creditor to forbear from collecting on a debt is unenforc......
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17 firm's commentaries
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Can A Statutory Limitation Period Be Varied By Agreement?
...by agreement. Further, the issue does not appear to have been decided at common law in British Columbia. However, in Rosas v. Toca, 2018 BCCA 191, the Court of Appeal for British Columbia suggests that it may be [70] Assuming without deciding that it is open to the parties to contract aroun......
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Reconsidering Consideration In The Employment Law Context
...recent decision of the British Columbia Court of Appeal in Rosas v. Toca, 2018 BCCA 191 has changed the law of contract variation. This decision will be important for employment lawyers to consider when varying employment agreements or enforcing amended The law was settled that consideratio......
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British Columbia Court of Appeal Reforms Fresh Consideration Principles
...a recent decision, Rosas v Toca, 2018 BCCA 191 [Rosas], the British Columbia Court of Appeal turned sharply away from traditional contract law principles by holding that parties may modify a contract without providing fresh consideration. In Rosas, the Court of Appeal held that when parties......
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BC Court Of Appeal Changes The Law Of Consideration
...unless some consideration - payment or other benefit - changes hands between the contracting parties. In a recent case Rosas v. Toca, 2018 BCCA 191, BC Court of Appeal changed a well-settled notion that a variation of the existing contract is not enforceable without new or fresh considerati......
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4 books & journal articles
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Consideration and Form
...of the doctrine 191 Above note 183 at para 32. Compare Kennedy v Clark , 2009 NBCA 60, for discussion of which, see Rosas v Toca , 2018 BCCA 191 at paras 110–12. 192 Ibid . 193 2009 BCSC 589, rev’d on other grounds 2011 BCCA 79. 194 Ibid at para 33 (BCSC). THE LAW OF CONTR ACTS 276 of promi......
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FRESH CONSIDERATION RULE: INSIGHTS FROM ITS RESURRECTION IN QUACH V MITRUX SERVICES LTD.
...Services Ltd," UBC Law Review: Vol. 54: Iss. 2, Article 6 . Available at: https://commons.allard.ubc.ca/ubclawreview/vol54/iss2/6 (1) 2018 BCCA 191 (2) Joe McArthur & Joshua Hutchinson, "Lottery Winner Loan Case Sets Precedent, B.C. Court Reforms Centuries- Old Consideration Doctrine" ......
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Consumer Bankruptcy
...when the debtor has continued to make payments during and after the bankruptcy and discharge. [83] In a recent decision, Rosas v Toca , 2018 BCCA 191, the British Columbia Court of Appeal ruled that absent duress, unconscionability, or other public policy concerns, there is no need for fres......
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Contract Variation and Changed Expectations.
...(4th) 738 , 349 NBR (2d) 91 . (39) See Globex Foreign Exchange Corp v Kelcher, [2011] 337 DLR (4th) 207 , 48 Alta LR (5th) 215 . (40) 2018 BCCA 191 (41) Ibid at para 183. (42) See Antons, supra note 31 at para 93. (43) Rosas, supra note 40 at para 165. (44) Ibid at paras 174-76. (45) Ibi......