Questions of Mixed Fact and Law on Contractual Interpretation: A Preliminary Study of the Supreme Court of British Columbia’s Decision on Gormac Developments Ltd. v. Teal Cedar Products Ltd., 2020 BCSC 712 – WriteToLearn Evening Notes
The contractual interpretation is an exercise involving either a question of law or a question of mixed fact and law (para. 45 of Sattva). The questions of mixed fact and law involve aspects of law (para. 45 of Teal Cedarand para. 65 of Richmont Mines). And the Canadian courts may grant leave to appeal if the aspects of law in the contractual interpretation could be extricated from the factual matrix and if the questions of law have the degree of generality or a “great precedential value” (see para. 37 of Southamand Art. 31 (2) Arbitration Act, RSBC 1996, c55). A narrow scope for extricable questions of law is defined by the Canadian courts in order to keep consistent with the key policy objectives of consensual arbitration, namely efficiency and finality.
Continue reading “Gormac v Teal Cedar: The Application of the Legal Test Results In Different Outcomes v. The Legal Test Has Been Altered in the course of its Application”