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Jan 20, 2021 · As a result, the duty of honesty doesn’t impose a duty of loyalty or disclosure and doesn’t require a party to forgo its rights stemming from a contract. The Court of Appeal held that although the trial judge’s findings suggest a failure to act honourably, this failure didn’t give rise to a breach of honest performance ( Callow SCC, para 27).
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 ...
Feb 26, 2021 · Remedying that with an order for damages to repair [the defendants’] failure to exercise clause 9 in accordance with the requirements of the duty of honest performance did not confer a benefit on [C.M.] Callow; it merely set matters right on the usual measure of corrective justice following this breach of contract.
Jan 12, 2021 · The duty of honest performance requires that the matter at issue be directly linked to the performance of a contract, such as the exercise of a right under the contract or the performance of an obligation under the contract. Ultimately, the SCC held that the Respondent’s deception was directly linked to the Contract because its exercise of ...
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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.
Dec 23, 2020 · While the majority of the Court agreed that the respondent, a group of condominium corporations known as Baycrest (“Baycrest”), had breached its duty of honest performance in its contract with the appellant Mr. Christopher Callow (“Mr. Callow”), there was significant disagreement on the correct approach to both liability and damages on the appeal.
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Jan 21, 2021 · January 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.
