Enforceability of Standard Form Contracts 

It is a common misconception that contracts of adhesion are unenforceable. Contracts of adhesion, also referred to as standard form contracts, are most often used in commercial contexts. These contracts are usually presented to consumers on a ‘take it or leave it’ basis whereby the non-drafting party does not have an opportunity to negotiate the terms of the contract and must either accept the contract ‘as it is’ or avoid the business transaction all together. These contracts are prima facie valid and enforceable. There may be certain clauses within the contract that may be deemed unenforceable but the onus of proof is on the party alleging the same and determined based on the circumstances surrounding the execution of the contract. The Supreme Court of Canada in Sidel v. Telus Communications Inc. has held that “Absent legislative intervention, the courts will general give effect to the terms of a commercial contract freely entered into, even…

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