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Wastech and discretion: The Supreme Court of Canada on the duty to exercise contractual discretion in good faith

Canada - February 12 2021 Good faith requires a party to exercise contractual discretion reasonably, and not in a manner unconnected to the purposes for which it was granted -…

Jacqueline Code, Nancy Roberts, Mary Angela Rowe, Kai Sheffield.

Honesty is the best policy: The Supreme Court of Canada seeks to clarify the duty of honest contractual performance

Canada - December 23 2020 Don’t mislead your contracting counterparties about matters linked to the performance of a contract. That is the apparently simple message from the…

Jacqueline Code, Nancy Roberts, Mary Angela Rowe.

Franchisees cannot beef with manufacturer over contaminated meat

Canada - November 11 2020 In a 5:4 split decision released on November 5, 2020, a majority of the Supreme Court of Canada held in 1688782 Ontario Inc. v. Maple Leaf Foods Inc…

Amanda Arella, Jennifer Dolman, Craig Lockwood.

Ontario Court of Appeal reaffirms principles of contractual interpretation in upholding a termination clause

Canada - July 11 2018 In its latest decision on the enforceability of termination clauses in employment contracts, the Ontario Court of Appeal recently released reasons in…

Jennifer Dolman.

Ontario Court of Appeal signals partial summary judgment may become a rarity in Ontario

Canada - November 29 2017 The Ontario Court of Appeal recently released a decision cautioning that partial summary judgment may become a rarity in Ontario. In Butera v Chown…

Jennifer Dolman, Lauren Harper.