18 LEXPERT
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2017
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WWW.LEXPERT.CA
Finlay, QC, Bryan WeirFoulds LLP
(416) 947-5011 bfinlay@weirfoulds.com
"Mr. Finlay, with his usual consummate skill..." (Ontario Court of Appeal).
Senior trial and appellate counsel. His trial and appeal practice engages
complex commercial, constitutional, tort and public law issues.
Fien, Cy M. Fillmore Riley LLP
(204) 957-8348 cyfien@fillmoreriley.com
A senior tax partner of Fillmore Riley LLP, Mr. Fien practises primarily in the
areas of taxation and trust law. He has extensive experience in corporate
tax planning, corporate reorganizations, estate planning, trust law and tax
litigation. He taught corporate tax and estate planning courses at the Faculty
of Law at the University of Manitoba for over 20 years.
Ferland, Denis Davies Ward Phillips & Vineberg LLP
(514) 841-6423 dferland@dwpv.com
Mr. Ferland is a partner in the Financial Restructuring & Insolvency and
Dispute Resolutions practices. He represents multinational companies,
financial institutions, creditors and court officers. He is highly recommended
in Canadian and international legal directories for restructuring
and insolvency matters. He is a director of the Board of Directors
of the prestigious Insolvency Institute of Canada.
Fanaki, Adam F. Davies Ward Phillips & Vineberg LLP
(416) 863-5564 afanaki@dwpv.com
Mr. Fanaki has represented private parties and the Commissioner of
Competition in significant litigated proceedings before the Competition
Tribunal and at all levels of court in Canada, both provincially and federally.
He previously acted as Senior Deputy Commissioner of Competition
and as Special Counsel at the Canadian Competition Bureau.
Evans, Mark Smart & Biggar
(416) 593-5514 mkevans@smart-biggar.ca
Managing Partner of Smart & Biggar's Toronto office. Recognized as one
of Canada's leading trademark lawyers, he represents many of the world's
most famous brand owners and personalities. He has been successful in
numerous high-profile, precedent-setting cases and has twice been selected
as Canadian "Trademark Litigator of the Year" by Benchmark Canada.
Earnshaw, Ross F. Gowling WLG
(519) 575-7525 ross.earnshaw@gowlingwlg.com
Mr. Earnshaw has extensive litigation expertise across a range of areas,
including real estate, construction, insurance, employment, banking, estates,
mortgage enforcement, priorities, collections and legal malpractice defence.
He has appeared before all levels of court, including the Supreme Court
of Canada, numerous tribunals and commercial arbitrators.
LEXPERT-RANKED LAWYERS
PHOTO:
SHUTTERSTOCK
CONTRACTUAL INTERPRETATION
Words and
Intentions
In recent years, the courts have layered some com-
mon sense on to the way in which Canadian courts
decide contractual disputes between parties. In a
series of rulings at the Supreme Court of Canada
and provincial appeal court levels — rulings that
the legal community called "groundbreaking" or
"blockbuster" — high court judges tried to clarify
contract law and the "good faith" obligations owed
by contracting parties. e courts also broadened
the principles and factors judges could use to de-
LANDMARK CASES HAVE
RECENTLY BROADENED
THE COURTS' ABILITY
TO INTERPRET
CONTRACTUAL INTENT.
DOES THIS REPRESENT
A MORE NUANCED
APPROACH, OR DOES
IT OPEN THE DOOR
TO AMBIGUITY
IN CONTRACT LAW?
By Anthony Davis
