Client Update: Truth or Consequences – The New Duty of Honest Performance in Commercial Contracts

The Supreme Court of Canada’s unanimous decision in the breach of contract case Bhasin v Hrynew, 2014 SCC 71 was released on November 13, 2014. The case is important in the law of contracts because it creates a duty of honest contractual performance that is new to Canadian common law. It also seeks to clarify how good faith, as an organizing principle, fits into the law of contract more generally.

Two Stewart McKelvey blogs have tackled the decision and you can access the posts here:

Rob Aske’s post for The Medium, Stewart McKelvey’s entertainment & IT law blog – Good Faith is now a part of all Canadian commercial contracts

Jennifer Taylor’s post for Bench Press, Stewart McKelvey’s civil litigation blog – Truth or…Breach of Contract: The SCC’s decision in Bhasin v Hrynew

The foregoing is intended for general information only and is not intended as legal advice. If you have any questions, please contact Rob Aske.