Is a contractual clause in a contract that is inconsistent with a statutory scheme and its legislative purpose may also be contrary to public policy?
British Columbia, Canada
The following excerpt is from Sherry v CIBC Mortgage Inc., 2018 BCSC 1484 (CanLII):
Recent case law holds that a legislative regime might also be breached where the contract in question does not violate and is not contrary to a specific provision in a statute. A contractual provision that is inconsistent with a statutory scheme and its legislative purpose may for that reason be contrary to public policy: Niedermeyer v. Charlton, 2014 BCCA 165 at para. 90, 114, leave to appeal ref’d [2014] S.C.C.A. No. 285.
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