Today, in its decision in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District1, the Supreme Court has clarified the limits on the duty to exercise contractual.
The Supreme Court of Canada released its long-anticipated decision in Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District today, a major decision concerning the scope of the.
not breached. The Greater Vancouver Sewerage and
Drainage District (
Metro ) and Wastech
Services Ltd. (
Wastech ) entered into a
long-term contract for the removal and transportation of waste to
three disposal sites. The contract gave Metro absolute
discretion to allocate waste between the sites and provided
that Wastech would be paid a different rate depending on the site.
In 2011, Metro reallocated waste in a way that resulted in
Wastech s not achieving a cost/revenue target identified in the
contract. The Court held that this reallocation did not breach
Metro s duty to exercise its contractual discretion in good
faith because it was consistent with the purposes for which the
Clarity on the Enforcement of Settlements
In
3113736 Canada Ltd. v Cozy Corner Bedding Inc., the
Ontario Court of Appeal provided an answer about whether a class
member is bound by a class action release even if the party did not
receive notice of the class action, the settlement which contained
the release, or the right to opt-out. The Court held that while
notice to class members must be adequate, the lack of actual notice
to any particular class member does not prevent the class from
being bound where sufficient steps have been taken to provide
adequate notice.
This case involved a manufacturer and supplier of foam products,