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An important decision from the Ontario Superior Court of Justice has affirmed two important principles: (1) Pre-construction assets should only be transferred when the builder's consent is obtained...
In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2021...
To embed, copy and paste the code into your website or blog: Starting in 1997, the Supreme Court of Canada (“SCC”) has rendered a series of decisions that have progressed from the imposition of a duty of good faith and fair dealing on the employer, at the time of an employee’s dismissal, towards a duty of good faith and fair dealing in the overall employment relationship. In 1997, the SCC decided in the wrongful dismissal case of Wallace v. United Grain Growers Ltd., [1997] 3 SCR 701, that, at a minimum, the employer owed a duty of good faith and fair dealing to the employee at the tim...
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...
Wastech: Confirms that the duty to exercise discretionary contractual powers in good faith, like the duty of honest contractual performance, applies to all contracts and cannot be excluded by the parties; Clarifies that the duty is breached where a party exercises a contractual power "unreasonably", meaning in a manner not connected to the underlying purposes for which the discretion is granted; Mandates that when ascertaining whether an exercise of discretion is unreasonable, and therefore a breach of the duty, the court must interpret the contract (the "first source of justice between the p...