In Transport North American Express Inc

Multiple Choice

In Transport North American Express Inc. v. New Solutions Financial Corp., various payments were found to be "interest" within the meaning of s. 347 of the Criminal Code. The interest rate applied was illegal. The Supreme Court applied "notional severance," resulting in a reduction of the interest rate. The Supreme Court of Canada outlined four factors to consider when deciding whether to declare an illegal contract void, or to partially enforce it. Which of the following is not one of those factors?

A) Whether the contract was a standard form agreement
B) Whether the purpose or policy of s. 347 would be subverted by severance
C) Whether the parties entered into the agreement for an illegal purpose or with an illegal intention
D) The relative bargaining positions of the parties and their conduct in reaching the agreement
E) Whether the debtor would be given an unjustified windfall