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Today, courts may enforce contracts made for an illegal purpose if inequity would otherwise result, or if the purpose of the governing statute is not undermined. See Still v Canada (Minister of National Revenue), [1997] FCJ No 1622, [1998] 1 FC 549 (CA). The Court will consider the purpose and object of a statutory prohibition when deciding whether the contract is enforceable or not. Continental Bank Leasing Corp v Canada, [1998] 2 SCR 298 at para 67 in particular offers a good summary of the law of illegality. | Today, courts may enforce contracts made for an illegal purpose if inequity would otherwise result, or if the purpose of the governing statute is not undermined. See Still v Canada (Minister of National Revenue), [1997] FCJ No 1622, [1998] 1 FC 549 (CA). The Court will consider the purpose and object of a statutory prohibition when deciding whether the contract is enforceable or not. Continental Bank Leasing Corp v Canada, [1998] 2 SCR 298 at para 67 in particular offers a good summary of the law of illegality. | ||
=== 8. Duty of Honest Performance === | === 8. Duty of Honest Performance === |
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