Binding Contracts

  • February 28, 2018
  • Brisset Bishop

A recent Ontario Court of Appeal judgment reminds of the need to ensure that all aspects of a commercial relationship have actually become binding, particularly if there are two or more distinct commercial “streams”. In Cana International Distributing Inc. v. Standard, 2018 ONCA 145 (CanLII), February 14, 2018, the Court decided that while one commercial distribution stream for a product had been bound contractually, another stream for the same product had not. Draft terms had been exchanged, but an agreement had not been concluded.

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