Faculty Author Type

Current Faculty [Marcus Moore]

Published In

Supreme Court Law Review

Document Type


Publication Date



Supreme Court, Contract Law, Fairness, Canada


This article analyzes important developments in Contract Law stemming from consideration by the Supreme Court of Canada in 2020-2021. Due to the large number of Contracts cases during this period, the article focuses on prominent appeals occupied with issues of fairness in Canadian Contract Law. Fairness in contracts emerges as an important concern of the SCC at this juncture. This appropriately reflects the constellation of some long-unsolved problems (e.g., control of unfair terms in standard form contracts), confusion around key concepts associated with protection of contractual fairness (e.g., unconscionability and good faith), and judicial disagreement over the merits of general versus context-specific approaches to policing fairness in contracts (e.g., unconscionability versus public policy, and whether to consolidate or differentiate how the concepts of unconscionability and good faith apply to different contexts falling within each’s overall jurisdiction).



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