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To print this article, all you need is to be registered or login on Mondaq.com. Good faith requires a party to exercise contractual discretion reasonably, and not in a manner unconnected to the purposes for which it was granted – even when the contract on its face provides for unfettered discretion. So said the majority of the Supreme Court of Canada (the SCC) in Wastech Services Ltd v Greater Vancouver Sewerage District (2021 SCC 7).
To print this article, all you need is to be registered or login on Mondaq.com. Don't mislead your contracting counterparties about matters linked to the performance of a contract. That is the apparently simple message from the Supreme Court of Canada in CM Callow Inc v Zollinger.
To print this article, all you need is to be registered or login on Mondaq.com. In a 5:4 split decision released on November 5, 2020, a majority of the Supreme Court of Canada held in 1688782 Ontario Inc. v. Maple Leaf Foods Inc. that a manufacturer's breach of its duty to supply products safe for human consumption does not entitle third-party franchisees within the supply chain to recover damages in tort for economic loss or reputational injury.
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