Difference between revisions of "Clinician Guide for Consumer Transactions (11:X)"

Clinician Guide for Consumer Transactions (11:X) (view source)

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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 ===