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Simon Shields, LLB

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Contracts - Interjurisdictional - Where Made

Neophytou v. Fraser (OntCA , 2015)

In this case the Court of Appeal commented as follows on the issue of where a contract, negotiated across jurisdictions, was made:
[4] A contract is made where the offeror receives confirmation of acceptance by the offeree. The only reasonable inference on all of the evidence in the record is that the respondent was in Ontario when she offered by telephone to lend funds to her son and the appellant, and she was also in Ontario when she received confirmation, again by telephone of their acceptance of her offer. Although the appellant’s husband had asked his mother for financial assistance when they were in Florida together, it was not until the respondent returned to Ontario that she decided to advance $500,000 and communicated this, as well as the terms, to her son by telephone. She then proceeded on the basis of their agreement to cash in certain investments to fund two advances that were made well before the written memorandum of agreement was signed.

[5] A contract connected with the dispute was therefore made in Ontario.
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