Is there a strong prima facie case and at trial the court will strike or "blue pencil" the offending phrases in the contract?
British Columbia, Canada
The following excerpt is from DaKow Ventures Ltd. v Daski Contracting Ltd., 2018 BCSC 2016 (CanLII):
Finally, if I were wrong on that, I find that there is a strong prima facie case and that at trial the court will strike or "blue-pencil" the offending phrases. The courts have drawn a distinction between notional severance or reading down an offending phrase in a contract versus striking the provision. In Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6, Rothstein J. stated:
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