The creation of “a general duty of honesty in contractual performance” by the Supreme Court of Canada in Bhasin v Hrynew, 2014 SCC 71 [Bhasin SCC] simply recognizes that “parties must not lie or otherwise knowingly mislead each other about matters directly linked to the performance of the contract” … [Read more...]
Bench Press 39-3: New Duty of Honest Performance
The Supreme Court of Canada issued an interesting decision recently in the area of contract law. It began by stating: “Canadian common law in relation to good faith performance of contracts is piecemeal, unsettled and unclear.” Clearly, this was an unsatisfactory state of affairs that the Court was … [Read more...]
Marc Ribeiro v. Dragons’ Den
Introduction The modern phenomenon of reality television can be a tough business. What makes it interesting for viewers is what appears to be the spontaneous drama, the unpredictable turns and utterances and the raw, unscripted human confrontation. Television broadcasts the glorious performances … [Read more...]
Comma Law
The writer who neglects punctuation, or mispunctuates, is liable to be misunderstood for the want of merely a comma . . . – Edgar Allan Poe Introduction “Let’s eat, Grandma” or “Let’s eat Grandma.” As the saying goes, “commas save lives.” This adage humorously demonstrates the … [Read more...]
A Lease is a Contract
Most of us do not think of ourselves as negotiators and deal-makers. The reality is that in our everyday lives we are negotiating and making agreements all the time without really thinking about it. Some of the agreements are purely personal matters without any legal implications. Other agreements … [Read more...]
The Essentials of an Employment Contract
Every employment relationship is governed by an employment contract. Many employees believe that because a written employment contract was never signed, no employment contract exists. On the contrary, employment contracts can take the form of a verbal understanding or a lengthy written document … [Read more...]
What Does a Commercial Contract Do?
Most everyone knows that a contract — whether oral or written — is simply a legally enforceable agreement. But what, practically speaking, does a contract — and, in particular, a commercial contract — actually do? A commercial contract does three important things in the eyes of the … [Read more...]