The Ontario Court of Appeal recently clarified the difference between mutual and unilateral contractual mistake in the case of Royal Bank of Canada v. El-Bris Limited. Laskin J.A., writing for the court, explained that the four prerequisites set out by the Supreme Court of Canada in Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club only apply to cases of unilateral, not mutual, contractual mistake. [more] Full article

Contributors: Michael Osborne , Jennifer Cantwell, Sandra Monardo, Michelle Booth, Sonny Ingram, Hooman Zardarzadeh TOP STORIES Ice storm Ice supplier Arctic Glacier Inc. tried to crush its fledgling competitor, Polar Ice Express Inc. by unlawfully interfering with its economic relations, an Alberta court found... [more] Full article

Do high service charges exacted by MBNA for credit card cash advances constitute a criminal rate of interest? This is among the issues certified as a class action by the Ontario Court of Appeal in Markson v. MBNA Canada Bank. The court held that the bank could not rely on its failure to keep data to escape certification. [more] Full article

Prima facie all covenants in restraint of trade are illegal and therefore unenforceable. Recently, this pillar of the law of contract has been given a new, albeit off-putting, coat of paint. [more] Full article