Can a court make a contract for the parties if they have not agreed upon its material terms?
Ontario, Canada
The following excerpt is from Hornstein v. Kats et al., 2020 ONSC 870 (CanLII):
The court cannot make a contract for the parties if they have not agreed upon its material terms: Picavet v. Clute, 2012 ONSC 2221, at para 13. Where an oral contract is disputed, the trier of fact must determine whether the objective reasonable bystander would conclude, in light of all the material facts, that the parties intended to contract and that the essential terms of the contract can be determined with a reasonable degree of certainty: at para. 10. In this case, I conclude that they cannot.
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