In SpaceBridge Inc. v. Baylin Technologies Inc. (Ont CA, 2024) the Ontario Court of Appeal considers the meaning of the phrase, 'sufficiently given', here used in an escrow agreement:
[41] ... Following Ross v. T. Eaton Co., (1992), 1992 CanLII 7470 (ON CA), 11 O.R. (3d) 115 (C.A.), she also found it significant that the Escrow Agreement – unlike the APA – did not use the language of “sufficiently given”, which has been held to indicate that a list of notice modalities is non‑exclusive. There is no basis upon which this court should interfere.
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