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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 ...
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He has particular experience with the contractual principle...
- Brandon Kain
The Duty of Honesty in Contractual Performance. Accordingly, in addition to affirming the general organizing principle of good faith, the Court held there is a general duty of honesty in contractual performance. The Court noted that this new duty does not arise as a result of an implied contractual term.
Feb 12, 2021 · The Supreme Court of Canada (“SCC”) in its recent decision C.M. Callow Inc. v. Zollinger, shed light on the duty of honest performance of a contract. This is a further expansion of the duty of honesty, stating clearly that there is no requirement for outright dishonesty for actions to constitute a breach of the duty. Facts.
Jan 12, 2021 · the duty of honesty must be connected to the exercise of a right or performance of an obligation under the contract The SCC expands upon these general propositions in Callow , explaining that the relevant question in examining the duty of honest performance is whether a right under a contract was exercised, or an obligation under a contract was performed, dishonestly . 6 Callow at para 37.
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Feb 25, 2021 · Honesty – the Golden Rule for Contracts. A recent Supreme Court of Canada decision serves as a helpful reminder to workers and businesses about the importance of honesty in their contractual dealings. C.M. Callow Inc. v. Zollinger involved condo maintenance contracts. The plaintiff, C.M. Callow performed summer and winter maintenance for the ...
The duty of honest performance requires that no contractual right, including a right of termination, be exercised dishonestly and thus, contrary to the doctrine of good faith. Measure of damages: A breach of the duty of honest performance will attract damages according to the ordinary contractual measure. The ordinary measure awards contractual ...
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Nov 14, 2014 · This duty of honesty is a general doctrine of contract law that imposes as a contractual duty a minimum standard of honest contractual performance. Justice Cromwell held that it operates irrespective of the intentions of the parties, although did not rule out a role for contractual modification of the duty, so long as the parties “respect its minimum core requirements”.
