November 24, 2014

SCC establishes duty of honesty between contracting parties

Eli Lederman provides insight on Bhasin v. Hrynew et al. in the November 24, 2014 issue of Law Times.

"...On Nov. 13, the Supreme Court — in a unanimous decision written by Justice Thomas Cromwell — reversed the appeal court ruling and established a new goodfaith doctrine and a duty of honesty between contracting parties...

...'What this decision does is it adds a certain layer of contractual risk that any contracting party will have to be careful when they exercise what they think is a clear and unambiguous right, that they have not done anything that may be perceived by the counter party as being dishonest when they exercise that right,' says Lederman."