November 13, 2014

SCC establishes duty of honesty between contracting parties

Eli Lederman was quoted in the Canadian Lawyer, Legal Feeds Blog on November 13, 2014 in relation to his involvement in Bhasin v. Hrynew et al.

"In perhaps the most important contract decision of the past 20 years, the Supreme Court of Canada today established a general doctrine of good faith between parties and a specific duty of honesty — opening up the civil courts to a potential wave of lawsuits based on perceived deceptions...

...The lawyer at Lenczner Slaght Royce Smith Griffin LLP who represented Hrynew and CAF, says the Supreme Court's decision leaves a lot of grey areas around the definition of honesty that will have to be tested going forward and creates uncertainties that are bound to result in a wave of lawsuits."