Partner Geoff R. Hall authors third edition of Canadian Contractual Interpretation Law


Toronto, June 2, 2016 – McCarthy Tétrault is pleased to announce the publication of the third edition of Canadian Contractual Interpretation Law. Authored by Geoff R. Hall, a senior commercial litigator at the firm, the book clearly sets out the principles governing the interpretation of contracts in Canada, particularly in light of the landmark decisions of the Supreme Court of Canada in Sattva and Bhasin.

These two cases – both of which cited the second edition of Mr. Hall’s book, and were successfully argued by litigators from the firm – transformed contractual interpretation in fundamental ways, firstly by recognizing contractual interpretation as a highly fact-driven exercise and secondly by recognizing an organizing principle of good faith in Canadian contract law.

New topics in this edition include:

  • The organizing principle of good faith and the duty of honest performance
  • Whether the interpretation of a contract is a question of law, fact, or mixed fact and law based on the holdings in Sattva
  • Developments in the related contracts doctrine
  • How headings are used as part of the interpretive process
    • Whether ambiguity is a prerequisite to the consideration of commercial efficacy
    • Developments in the parol evidence rule and the contra proferentem rule
    • Developments in the use of interpretation to avoid a finding of illegality
    • Developments in implied terms

    This text is the only one of its kind that undertakes a thorough overview of the law of contractual interpretation from both the Canadian common law and Quebec civil law perspectives. Since its initial publication in 2007, Canadian Contractual Interpretation Law has been cited more than 150 times by courts across the country, including six times by the Supreme Court of Canada. It is published by LexisNexis and is available for purchase here.

    About McCarthy Tétrault

    McCarthy Tétrault LLP provides a broad range of legal services, advising on large and complex assignments for Canadian and international interests. The firm has substantial presence in Canada’s major commercial centres and in London, UK.

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