Bhasin”).
Many had hoped that the decision would shed light on the scope
of the duty of good faith and honest performance recognized in
Bhasin, and provide clear guidance to lower courts and
commercial parties on their contractual obligations.
However, the decision which resulted in a 5-3-1 split across the
court (Kasirer J writing for the majority, Brown J concurring, and
Côté J in dissent) may add further uncertainty to the
jurisprudence around obligations of good faith.
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