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regional wrap-up New interpretation of access to justice ATLAnTIC heart of a new program launched by the Newfoundland and Labrador Depart- ment of Justice. This year for the first time, students W from Innu and Inuit communities in Labrador began training to become interpreters for family law proceedings in the region. Once the family law course is completed, individuals will be eligible to work as interpreters during court proceedings in Labrador, including circuits to communities on the north coast. Students in the ords matter. Ensuring those words are correctly interpreted — and respected — is at the course will learn interpretation skills and key terms of Innu-aimun and Inuktitut that are used in legal matters. They will, in turn, translate these terms for aboriginals during proceedings. Hand in hand with the course, handbooks containing a translated glossary of key family law terms have been produced. To date, more than 200 legal terms have been translated. It's an access to justice issue, according to the province's attorney general. "We must ensure the aboriginal people of Labrador are both heard and understood during court proceedings," said Justice Minister Tom Marshall in a public statement. This program builds on an earlier initiative to introduce Innu and Inuit interpreters into the court system. The Northern Strategic Plan, released by the provincial government in 2007, provides $424,000 annually for aboriginal justice initiatives. Justice is a theme that runs through- out the Northern Strategic Plan for Labrador, which is entitled "The Future of our Land. A Future for our Children." According to the plan's authors: "The varying cultures and social needs throughout Labrador have created demands on Labrador's justice system. Appropriate infrastructure develop- ment of courts and police detachments throughout the region, can alleviate some of the pressures within the sys- tem." — DONALEE MOULTON donalee@quantumcommunications.ca NO TIME FOR CONTRACT DISPUTE sands of time. "The conclusion is inescapable that time was of the A essence for the performance of this contract," Justice Duncan Beveridge stated in his 56-page decision in Can- Euro Investments Ltd. v. Industrial Alliance Insurance. "There is no shortage of texts, articles, and case law that discuss the issue of when time is or is not of the essence," he added, "and the more vexing and disputed issue, when it is of the essence, the consequences of one or both parties not performing their obligations within the time specified in the contract." In Can-Euro Investments, a commitment letter between the parties provided for a detailed mechanism for setting the interest rate three days prior to the date of disburse- ment of funds. Funds were not disbursed by that date. Attempts were made to close the mortgage transaction by recent decision from the Supreme Court of Nova Scotia explores the principles of contract law, prom- issory estoppel, and duty of good faith — and the May 23, 2008, but Can-Euro could not satisfy a variety of pre-funding conditions by that date. Industrial Alliance then took the position that once Can- Euro satisfied the requisite funding preconditions, it would advance funds, but at the rate dictated by the mechanism set out in the commitment letter, which would be signifi- cantly higher. Can-Euro set out to complete the pre-funding conditions, but refused to close at any rate higher than 4.08 per cent. The court found that Industrial Alliance committed no breach of its contractual obligations in refusing to advance funds at the agreed interest rate. "To be in breach of its con- tractual obligations, there must have been a legally enforce- able obligation to close at 4.08 per cent beyond May 23, 2008. In my opinion, there was not," Beveridge stated. "The requirements of promissory estoppel are not made out," he added, "nor is there any basis to suggest a lack of good faith on behalf of Industrial Alliance." — DM www. C ANADIAN Law ye rmag.com M AY 2009 7