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Breach of Contract › Duty of Honest Performance

Stikeman Elliott LLP

Limitations on Good Faith Damages: No Presumption of Loss for Breach of Honest Performance

Stikeman Elliott LLP on

In Bhatnagar v. Cresco Labs Inc., 2023 ONCA 401, the Ontario Court of Appeal elaborated on the Supreme Court’s decision in C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (“Callow”) and clarified that a breach of the contractual...more

Dickinson Wright

An Important Clarification of the Duty of Honest Contractual Performance

Dickinson Wright on

Background - Six years ago, in Bhasin v. Hrynew (“Bhasin”), the Supreme Court of Canada (“SCC”) recognized a contractual duty of honest performance.[1] On December 18, 2020, the SCC released its decision in CM Callow Inc. v....more

Knobbe Martens

Federal Circuit Upholds $112 Million Win for Knobbe Martens Client CardiAQ

Knobbe Martens on

On September 1, the U.S. Court of Appeals for the Federal Circuit affirmed a $112 million win for Knobbe Martens client CardiAQ in its trade secret misappropriation case against former service provider Neovasc. A three-judge...more

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