How have the courts interpreted the meaning of "commercial custom" in the context of a contract between the government and a bank?
Canada (Federal), Canada
The following excerpt is from Canadian Pacific Hotels Ltd. v. Bank of Montreal, [1987] 1 SCR 711, 1987 CanLII 55 (SCC):
51. As I have indicated, the trial judge based the implication of the duties affirmed by him on "commercial custom", attaching particular importance to the following statement by Pratte J. in Bank of Montreal v. Attorney General (Que.), supra, at p. 570: However, bank contracts, such as the one between the government and the bank, are somewhat special in that they are usually silent as to their contents; the parties rely on commercial custom and the law. It is therefore appropriate to apply art. 1017 C.C., which reads as follows:
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