What is the test for establishing a commercial relationship between a party and party?
Ontario, Canada
The following excerpt is from Higgins Cohn Brand Management v Kinnikinnick Foods Inc., 2016 ONSC 1345 (CanLII):
Rather, I adopt the reasoning of La Forest J. in Hodgkinson v. Simms. The arrangement between the parties was “a commercial interaction between the parties at arm’s length, an interaction which derived social utility from the pursuit of self-interest” evidenced by the agreement entered into by the parties dated December 1, 2010.
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