Search results
The required elements of the intentional torts of civil fraud and deceit were outlined by the Supreme Court of Canada in Hryniak as: (1) a false representation made by the defendant; (2) some level of knowledge of the falsehood by the defendant or recklessness in making the representation; (3) the false representation caused the plaintiff to act; and (4) the plaintiff’s actions resulted in a ...
- Negligence
The tort of negligent misrepresentation involves the...
- Conspiracy
There are two types of actionable conspiracy in Canada: (1)...
- Nuisance
Nuisance is a field of liability that describes a type of...
- Defaming of Character
[43] Aggravated damages may be awarded in defamation cases...
- Slander of Title of Property
Statute Law Right of Action For Misuse. In some...
- Malicious Prosecution
Malicious prosecution is an intentional tort that requires...
- Misuse of Process
The tort of abuse of process has four elements. As held by...
- Assignment
The ability to assign a debt or legal chose in action is...
- Negligence
- Background
- The Lower Court Decisions
- The Supreme Court of Canada Decision
- Conclusion
In Callow, a company, Baycrest, and its designated property manager managed the joint and shared assets of ten condominium corporations. In 2012, Baycrest renewed a winter maintenance services agreement with C.M. Callow Inc. and entered into a new summer contract as well. The winter contract had a two-year term, though it allowed Baycrest to unilat...
At trial, the Court held that Baycrest had breached the duty of honesty in contractual performance. The Court awarded damages, including a sum that represented the profit Callow would have received during the remaining term of the winter contract. The Ontario Court of Appeal reversed the trial decision. While acknowledging that Baycrest's conduct m...
A five-member majority allowed the appeal. The majority held that when a party to a contract is aware its conduct or representations have created a misapprehension in the counterparty's mind in relation to the performance of an obligation or the exercise of a right under a contract, the duty of honesty requires that party to correct it. The determi...
The Supreme Court of Canada's decision confirms that the duty of honesty applies to the performance of obligations and the exercise of rights under a contract. Where a party knows that its conduct or representations have led a counterparty to hold a false impression in connection with the contract, the duty of honesty requires that party to correct...
Mar 25, 2019 · the defendant did rely on the false statements of plaintiff counsel, and as a result the defendant incurred a loss in the sense that they agreed to pay more than the case was worth (para 51). The motions judge further held that the plaintiff lawyer was bound by the doctrine of honesty and good faith in contractual dealings as declared by the Supreme Court in Bhasin v.
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 16, 2016 · Rule 7.1-3(d) of the LSUC Rules of Professional Conduct states: “Unless to do so would be unlawful or would involve a breach of solicitor-client privilege, a lawyer shall report to the Law Society, . . . d) conduct that raises a substantial question as to another licensee’s honesty, trustworthiness, or competency as a licensee;”
May 4, 2021 · The duty of good faith and honest contractual performance does not just preclude actively misleading conduct, it also precludes half-truths, omissions and silence, which mislead the other party. Accordingly, a party cannot rely on opaque language in a disclosure schedule, or obfuscate disclosures with half-truths, in order to escape liability.
People also ask
What happens if a defendant breaches the duty of honest performance?
Do parties have a duty of honest performance?
Does a lie breach a duty of honesty?
What is a duty of honesty in a contract?
Did the trial judge breach the duty of honesty?
Do counsel have a duty to not lie?
Oct 27, 2019 · The need to do that arose from the facts (i) that the petitioners had sought to rely on documents which Nigel Tobias had forged with the object of frustrating a fair trial and (ii) that, as the judge found, Nigel Tobias was unwilling to make a frank disclosure of the extent of his fraudulent conduct, but persisted in his attempts to deceive.
