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SCC Delivers Ground-Breaking Decision in Canadian Contract Law

Posted in Contracts
Brandon KainNeil Finkelstein

The Supreme Court of Canada has released a precedent-setting judgment in which it recognized, for the first time, that there is a general organizing principle of good faith in the performance of contracts throughout Canada: Bhasin v. Hrynew, 2014 SCC 71.  The Bhasin case, which was successfully argued by Neil Finkelstein and Brandon Kain of McCarthy Tétrault’s Toronto litigation group, will be very important for Canadian businesses going forward.  As a result of Bhasin, all contracts throughout Canada are now subject to a duty of, at a bare minimum, honest performance, which cannot be excluded by the terms of an agreement.  Businesses will need to carefully consider whether they are discharging this duty when performing their contracts. You can read more about the decision and its impact on McCarthy Tétrault’s website.