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‘Why’d Ya Do It?’ The Supreme Court of Canada Explains the Duty to Exercise Contractual Discretion in Good Faith

Canada - February 15 2021 The Supreme Court of Canada ("SCC") recently released its long awaited decision in Wastech Services Ltd v Greater Vancouver Sewerage and Drainage…

Mitch Koczerginski, Stephen Brown-Okruhlik, W. Brad Hanna.

You should have said something: Supreme Court of Canada Holds That Failure to Correct a Mistaken Belief Violated the Duty of Honest Contractual Performance

Canada - December 24 2020 The Supreme Court of Canada ("SCC") recently released its much-anticipated decision in C.M. Callow Inc. v. Tammy Zollinger et. al ("C.M. Callow").…

Stephen Brown-Okruhlik, W. Brad Hanna.

Litigating During COVID-19: Still Possible

Canada - May 4 2020 The COVID-19 outbreak has changed the day-to-day practice of litigation in Canada. While Canadian courts continue to adapt to the temporary reality of…

Kyle Lambert, Preet Saini, Rachel Cooper, Shari Munk-Manel, Shea Coulson, Simon Paransky.

An Unsigned Certificate Remains a Fatal Franchise Disclosure Document Flaw in a Post-Raibex World

Canada - February 20 2020 The recent Ontario Superior Court decision in 2483038 Ontario Inc. v. 2082100 Ontario Inc. (“Fit for Life”) confirms that an unsigned certificate…

W. Brad Hanna.

The Supreme Court of Canada Will Revisit the Duty of Good Faith Six Years After Bhasin

Canada - January 11 2020 In December 2019 the Supreme Court of Canada (“SCC”) heard two appeals that revisit the nature and scope of the contractual duty of good faith it…

Stephen Brown-Okruhlik, W. Brad Hanna.