Source BETWEEN VS HYDRO RWANDA LIMITED………………………. PLAINTIFF AND OMNIHYDRO LIMITED……………………………1ST DEFENDANT BANK OF KIGALI PLC…………………………… 2ND DEFENDANT I & M BANK RWANDA LIMITED ……………3RD DEFENDANT SIDIAN BANK LIMITED ………………………….4TH DEFENDANT NCBA BANK LIMITED…………………………… 5TH DEFENDANT I & M BANK LIMITED……………………………. 6TH DEFENDANT RULING Introduction 1. The application for consideration is the Plaintiff’s Notice of Motion dated 3rd February 2021 made, inter alia, […]
Source On October 23, 2020, the Supreme Court of Canada (“SCC”) released its decision on Owners, Strata Plan LMS 3905 v Crystal Square Parking Corp, 2020 SCC 29 [Strata], a case that reinforced the relationship between the traditional approach to contract law and pre- and post-incorporation contracts. Facts Crystal Development is a multi-use development in Burnaby, British Columbia. […]
Source A leave to appeal has been granted for Access Copyright by the Supreme Court of Canada in York University, et al. v Canadian Copyright Licensing Agency SCC 76224 (“Access Copyright”) this past October 15, 2020. This is the society’s last chance to counter the decision made by the Federal Court of Appeal in York University v Canadian Copyright Licensing […]
Source Since their inception in Winnipeg Condominium Corporation No. 36 v. Bird Construction Co., [1995] 1 SCR 85 [Winnipeg Condominium], negligence claims relying on pure economic loss arguments have seldom been successful. The recent case of 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35 [Maple Leaf Foods] was no exception. In a 5-4 split, the Supreme Court of Canada (“SCC”) […]
Source When a contract was signed almost 100 years ago and the original parties have been amalgamated into or become new entities, who are the parties to that contract, and can they act on it? In a nutshell, this is what was at issue in Resolute FP Canada Inc v Hydro-Québec, 2020 SCC 43 [Resolute v Hydro-Québec]. In this […]
Source Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District, 2021 SCC 7 [Wastech] is the second case in a matter of months that the Supreme Court of Canada (“SCC”) has released relating to the “general organizing principle” of good faith in contracting. The SCC has recognized four doctrines as part of good faith in contracting […]
Source BARBRA GEORGINA KHAEMBA………………………………PETITIONER AND CABINET SECRETARY, NATIONAL TREASURY………1ST RESPONDENT THE HON. ATTORNEY GENERAL……………………….2ND RESPONDENT JUDGMENT Introduction The Petitioner, Barbra Georgina Khaemba, in her Petition dated 23rd October, 2014, describes herself as an individual within the meaning of Chapter 4 of the Constitution and a person within the meaning of Article 20 of the Constitution. She also states that she is a business woman with interests in a number […]
Source SARAPHINE MBAE RITHAA………………………………………….PLAINTIFF VERSUS FAUSTINO KANGORI M’NAIROBI……….…………………………DEFENDANT JUDGMENT 1. The Judgment in this matter was to be delivered on 24th March, 2020. This could not be done because of complications brought about by the Corona Virus Crisis. Upon issuance of the apposite notice to the parties, the Judgment will be delivered in open court today. This […]
