The SCC releases its decision in Bhasin v. Hrynew, a case which originated in Alberta, and decides that all contracts in Canada should be interpreted as imposing an obligation of good faith. Says the Court:
The key issues on this appeal come down to two, straightforward questions: Does Canadian common law impose a duty on parties to perform their contractual obligations honestly? And, if so, did either of the respondents breach that duty? I would answer both questions in the affirmative. Finding that there is a duty to perform contracts honestly will make the law more certain, more just and more in tune with reasonable commercial expectations. It will also bring a measure of justice to the appellant, Mr. Bhasin, who was misled and lost the value of his business as a result.
A few stories and posts finding their way online already regarding the case:
- http://business.financialpost.com/2014/11/13/supreme-court-of-canada-updates-common-law-to-make-good-faith-an-implied-term-of-all-contracts/
- http://us4.campaign-archive2.com/?u=cb91b44008ea1b58b58a67734&id=1a6442db1d
Alberta will be stuck defending an anti-fracking lawsuit brought by Jessica Ernst. And has to pay treble costs for its failed efforts to punt the case:
Interesting case out of Ontario dealing with cumulative misconduct giving rise to just cause for termination:
- http://www.slaw.ca/2014/11/13/cumulative-misconduct-incidents-culminate-in-cause-for-termination/
- http://www.canlii.org/en/on/onsc/doc/2014/2014onsc3666/2014onsc3666.html