What is the current state of the law on communications with the solicitor of an offeror?

British Columbia, Canada


The following excerpt is from Swamy v. London Life Insurance Co., 2004 BCCA 621 (CanLII):

In my view the conclusion of the chambers judge on the issue of communications with the solicitor is correct. Mr. Justice McIntyre affirmed the general requirement that acceptance be communicated to the offeror in Schiller v. Fisher, 1981 CanLII 49 (SCC), [1981] 1 S.C.R. 593 at 598: . . . Generally, the fact of acceptance of an offer must be communicated to the offeror before acceptance is complete and a binding contract is created. There are exceptions to this rule but none which apply here. . . .

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