Search results
Jan 5, 2021 · The Ontario Court of Appeal reversed the trial decision. While acknowledging that Baycrest's conduct may have been less than honourable, the Court held it did not reach the "high level required to establish a breach of the duty of honest performance." The Supreme Court of Canada Decision. A five-member majority allowed the appeal.
Feb 18, 2021 · The trial judge found that Baycrest breached the duty of good faith by keeping Callow in the dark about its intention to terminate. Damages were awarded to Callow. On appeal, the Court of Appeal overturned the trial judge’s decision, finding that the duty of honesty does not include a positive duty to disclose an intention to terminate a contract, absent a clause to the contrary.
The Ontario Court of Appeal reversed the trial judge’s decision, observing that Bhasin did not impose on the condos a unilateral duty to disclose their intention to terminate apart from the express notice period. The Court of Appeal held that the trial judge improperly expanded the duty of honest performance in a way that altered and conflicted with the express terms of the winter agreement.
Dec 30, 2020 · This raises questions about the extent to which the courts will give effect to contractual terms where a breach of the duty of good faith performance is engaged. The Court’s forthcoming decision in Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District deals with the duty of good faith in respect to a party’s exercise of discretion.
Dec 21, 2020 · In Callow, the Supreme Court of Canada held that: Parties to a contract have a duty of honest performance, as the Court first recognized six years ago in Bhasin v. Hrynew. [2] This duty “applies to the performance of all contracts and, by extension, to all contractual obligations and rights”. [3] Further, parties are “not free to exclude ...
Nov 14, 2014 · breach the duty of good faith. AT TRIAL AND THE COURT OF APPEAL. The trial judge found that the Agreement was of the sort that as a matter of law required good faith performance, even though it did not fall within the recognized categories of contract where that duty was imposed (i.e. employment, insurance, franchise).
People also ask
Did the trial judge breach the duty of honesty?
Did Baycrest breach the duty of honesty?
What happens if a defendant breaches the duty of honest performance?
How do you determine if a party has breached the duty of good faith?
What is the duty of honest performance?
What is the duty of honesty in a contract?
Jan 21, 2021 · In 2014, the Supreme Court of Canada in Bhasin v. Hrynew, 2014 SCC 71, recognized a new common law contractual duty: specifically, the duty of honest performance.The duty requires that parties not lie or otherwise knowingly mislead each other about matters directly linked to the performance of their contract. Six years later, the Supreme Court ...
