We appear to have a considerable number of TGN members, who are involved in business. Today's SCC decision in C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (38463) 2018 ONCA 896 is important to the business world, because it recognizes the existence of a duty to perform one's contractual obligations honestly or in good faith. The majority of the Court agrees with the trial judge that one party to the maintenance contract failed to do that as a result of which it was found liable in damages. However, there is an important difference of opinion as to how that legal obligation ought to be characterized, and whether the concept ought to have been informed by concepts more suited to the Quebec Civil Code and the law developed therefrom. In any event, business owners should take the time to read this decision, hopefully without their eyes glazing over as they try to digest some of the more picayune points.
The decision is linked in the ever helpful Supreme Advocacy newsletter authored by Eugene Meehan, QC or members of his law office. Email Template (mailchi.mp)
The decision is linked in the ever helpful Supreme Advocacy newsletter authored by Eugene Meehan, QC or members of his law office. Email Template (mailchi.mp)
Comment