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194 V O L . 7 5 P A R T 2 M A R C H 2 0 1 7 THE ADVOCATE 9. Supra note 4. 10. A search on CanLII at the time of writing this article indicated 880 appellate cases in Canada in which “implied terms” and “contract” appeared. 11. These cases were selected from the cases appearing at the top of the search on CanLII to provide a sample of the types of issues which have been considered. The selection is not statistically representative of the treatment of the issue by the courts. 12. Supra note 4. 13. 2010 BCCA 216 Zeitler. 14. 2015 BCCA 89. 15. 1983 CanLII 1719 (Ont CA). 16. (1985), 30 BLR 293 (BCCA). 17. (1997), 143 DLR (4th) 193 (Man CA) Shaw Cablesystems. 18. 2015 ONCA 514. In this case Belize Telecom, supra note 6 is cited with approval. 19. Supra note 6. 20. Supra note 7. This case was decided on the longstanding principle that rent payable in advance is not apportioned if the lease is terminated before the end of the period for which the rent has been paid. The discussion of implied terms is therefore largely dicta. 21. Supra note 13. 22. RSC 1985, c 1 (5th Supp), s 248(1)(e). 23. Zeitler, supra note 13 at para 35. 24. Supra note 17. 25. 2009 UKPC 10 at para. 22 26. Supra note 4 at para. 29 (emphasis in the original). 27. Supra note 16. 28. It is also important to keep in mind the recent decision of Sattva Capital Corp v Creston Moly Corp, 2014 SCC 53, which emphasizes the limited scope for appeal of decisions involving contractual interpretation. WE ADVERTISE O t t t t t ONLY A SMALL PERCENTAGE VISIT Z E OF OUR JOBS. SA.CA FOR THE FULL PICT TURE. zsa.ca C A N A D A ’ S L © 2007-2017 ZSA Legal Recruitment Limited. ZSA, the ZSA logo, and CANADA’S LEG E G A L R E C R U I T M E N T F I R M T M GAL RECRUITMENT FIRM are trade-marks of ZSA Legal Recruitment Limited.


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