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Limitations on Good Faith Damages: No Presumption of Loss for Breach of Honest Performance | Stikeman Elliott LLP

In Bhatnagar v. Cresco Labs Inc., 2023 ONCA 401, the Ontario Court of Appeal elaborated on the Supreme Court’s decision in C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (“Callow”) and...

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Supreme Court of Canada

Supreme Court of Canada
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Canada dispatch: Supreme Court ruling on constitutionality of 'extreme self-induced intoxication' defence prompts confusion - JURIST

Mélanie Cantin is a JURIST Staff Correspondent in Ottawa, and a rising 2L at the University of Ottawa.  On Friday May 13th, the Supreme Court of Canada rendered its judgment in the case of R v Brown,...

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Summaries Sunday: Supreme Advocacy

Summaries Sunday: Supreme Advocacy
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Supreme Court Explains Duty To Exercise Contractual Discretion In Good Faith - Corporate/Commercial Law

In a highly anticipated decision, which took over a year to release, the Supreme Court of Canada clarified the parameters of the duty to exercise contractual discretion in good faith in Wastech...

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Supreme Court of Canada Clarifies Duty to Exercise Contractual Discretion in Good Faith | Littler


Callow, which expanded a contracting party’s duty of honesty, was released in December 2020; however, the SCC’s decision in
Wastech, which clarifies the duty to exercise contractual discretion in good faith, was not released until early this month.  Although
Wastech involved a commercial contract, it has implications for all contracts in which a party has discretionary power, including any such contracts entered into by employers.
Background
In 1996, Wastech Services Inc., a waste transportation company, entered into a long-term contract for waste disposal with the Greater Vancouver Sewerage and Drainage District (Metro), a corporation that disposed of municipal waste.  The contract provided that waste could be disposed of in three landfills, one of which was much farther away than the others.  Wastech’s profits under the contract were highest when it disposed of waste in the landfill farthest away; the contract provided that Metro had “absolute discretion” in allocating how much waste would go to that landfill.   

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Supreme Court Of Canada Revisits Duty Of Good Faith In Contract Performance - Litigation, Mediation & Arbitration

Supreme Court Of Canada Revisits Duty Of Good Faith In Contract Performance - Litigation, Mediation & Arbitration
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Supreme Trash Talk: The Duty Of Good Faith In Contractual Discretion Clarified In Wastech - Litigation, Mediation & Arbitration

Today, in its decision in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District1, the Supreme Court has clarified the limits on the duty to exercise contractual...

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