Supreme Court of Canada: Silence Can Breach the Contractual Duty of Good Faith Honesty
By EsqSocial Corporation 06/01/21
Good faith requires a party to a contract whose actions or words have created a false impression in the mind of a counterparty to take positive steps to correct it, the Supreme Court of Canada recently held in C.M. Callow Inc. v Zollinger, 2020 SCC 45. If a party to a contract remains silent when it becomes aware it has caused a counterparty to misapprehend a matter directly connected to the performance of the contract or the exercise of a contractual right, that party may be liable for a breach...
By: Bennett Jones LLP