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Citation: Machtinger v HOJ Industries, 91 DLR (4th) 491 [SCC]
Today we've got the SCC Majority's decision in the seminal 1992 case of Machtinger v HOJ Industries, which is still a staple in the law of implied terms. Before Karly takes you through the decision, Zach and Karly discuss contract law, how we're still mad about having to learn Pao-On, how brevity in SCC decisions is a breath of fresh air, accessible language, and how it's really the concurring decision in Machtinger which has stood the test of time.
We're back at it with the oft cited and accessibly written concurring opinion of McLachlin CJ in the SCC decision of Machtinger v HOJ Industries. This concurring decision, which contains an explanation of implied terms, is still cited in 1L contract law classes today and was heavily cited by the SCC in Uber v Heller.