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Simon Shields, LLB
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Contracts - Interpretation

Ross-Clair v. Canada (Attorney General) (Ont CA, 2016)

In this case the Court of Appeal commented as follows on the interpretation of contracts:
[48] One of the fundamental principles of contractual interpretation is that the contract must be construed as a whole: Sattva, at para. 64. In Tercon Contractors Ltd. v. British Columbia (Transportation and Highways), 2010 SCC 4 (CanLII), [2010] 1 S.C.R. 69, at para. 64, the Supreme Court expressed this contractual interpretation imperative as follows: “the words of one provision must not be read in isolation but should be considered in harmony with the rest of the contract and in light of its purposes and commercial context.” A proper interpretation of GC 35.4 had to involve a consideration of the other provisions in the Contract, specifically those comprising the Code.
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