Thursday, January 10, 2013

Material variation rule does not apply where contracted out


[17]       Finally, the motion judge held that the material variation rule discussed inHolmes v. Brunskill, [1987] 3 Q.B.D. 495 and Manulife Bank of Canada v. Conlin, [1996] 3 S.C.R. 415 does not apply here as the changes made to MPI's loan facilities were authorized by the principal loan agreements and guarantees.  Having reviewed the agreements in question, we see no basis on which to interfere with this holding. 

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