Curing Illegal Contracts in Court,
International Law Office, January, 2005
Date:
January 1 2005
The Supreme Court of Canada recently rendered a decision that substantially broadens judges' powers to cure illegal contracts. The ruling in Transport North American Express Inc v. New Solutions Financial Corp (2004 SCJ 9) confirms that notional severance may be applied to read down illegal contractual provisions, where doing so would most closely preserve the original intentions of the parties.
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