News & Analysis as of

Duty of Honest Performance

Stikeman Elliott LLP

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

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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

Blake, Cassels & Graydon LLP

La Cour suprême du Canada reconnaît l’obligation de bonne foi dans l’exercice d’un pouvoir discrétionnaire contractuel

Dans l’arrêt qu’elle a rendu dans l’affaire Wastech Services Ltd. c. Greater Vancouver Sewerage and Drainage (l’« affaire Wastech »), la Cour suprême du Canada (la « Cour suprême ») a reconnu l’obligation générale d’exercer...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada Recognizes Duty of Good Faith in Exercise of Contractual Discretion

In Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage (Wastech), the Supreme Court of Canada (SCC) recognized a general duty to exercise contractual discretion in good faith. This bulletin summarizes the SCC’s...more

Littler

Supreme Court of Canada Expands Duty of Honest Performance in Contract

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The Supreme Court of Canada (SCC) recently issued a decision expanding the duty of honest performance, which applies to parties to all contracts, by holding that they cannot knowingly deceive one another about matters...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

Blake, Cassels & Graydon LLP

Callow and the Duty of Honest Contractual Performance: What You Need to Know

In C.M. Callow Inc. v. Zollinger, the Supreme Court of Canada (SCC) held that a group of condominium corporations was liable for breaching their duty of honest contractual performance when they knowingly misled a maintenance...more

Bennett Jones LLP

Supreme Court of Canada to Revisit Bhasin and Contractual Parties' Duty of Good Faith

Bennett Jones LLP on

The Supreme Court of Canada (SCC) recently granted leave to appeal from the British Columbia Court of Appeal's decision in Greater Vancouver Sewerage and Drainage District v Wastech Services Ltd., 2019 BCCA 66. The case...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

Blake, Cassels & Graydon LLP

Appeal Puts Faith to the Test: Court Grants Appeal from Arbitral Award on Scope of Contractual Duty of Honest Performance

The British Columbia Supreme Court has recently granted leave to appeal from an arbitrator’s award that applied a broad notion of the doctrine of good faith in the performance of a contract. As the court noted, the issues...more

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