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Access West Holdings Inc. v Central College Healthcare Centre Inc.

CanLII (Federation of Law Societies of Canada)
CanLII · Legal
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ambiguityappealscanadacanadiancase-lawcontractscourt-opinionlimitations
Decided: 2026-10-09. Docket: CA51222. Citation: 2026 BCCA 411 (CanLII). Contracts — Indemnity agreements — Contract formation — Commercial sublease context — Whether Indemnity Document was enforceable or merely an “agreement to agree” — “Clear and unequivocal agreement to indemnify” and requirement of a confirmatory agreement read in context — No “subject to the execution of a formal agreement” language — Appeal dismissed | Contracts — Indemnity agreements — Certainty of terms — Essential terms — Whether essential terms of the indemnity were undefined, including “scope, limitations, and financial obligations” — Indemnity for “due performance of all of the covenants and agreements” under the offer to sublease and sublease — Scope co-extensive with subtenant obligations — Appeal dismissed |
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