In the recent case Mohamed v. Information Systems Architects Inc., the Ontario Court of Appeal determined that the appellant company failed to exercise its termination rights under an Independent Consulting Agreement (ICA) in good faith. As a result, they were liable to pay to the independent contractor (respondent) the amount owing for the remainder of…
Tag: Duty of Good Faith
The Duty of Good Faith and Honesty: An Important Foundational Decision by The Supreme Court Of Canada
The Supreme Court of Canada has issued a significant decision on the duty of good faith in the law of commercial contracts. In Bhasin v. Hrynew, the Court recognized good faith contractual performance as a general organizing principle of contract law and recognized a new “duty of honest performance” in the fulfillment of contractual obligations….
The Duty of Good Faith: Getting More (or Less) Than You Bargained For (Accredited)
This session will provide in-house counsel with an overview of the key issues they need to know about the duty of good faith in the context of employment law, contract law, and business law. The Duty of Good Faith in the Manner of Dismissal An understanding of the duty of good faith in the…
Raising the Bar – Third Edition
Dear Friends, We are pleased to provide you with the third issue of Raising the Bar, just in time for your dockside or patio summer reading. In this issue, we share with you some of the key cases from the Ontario courts in the past few months in the context of summary judgment motions. These…
Raising the Bar – Second Edition
Dear Friends, Spring has arrived, and with the changing of the season, what better time for us to deliver our second issue of Raising the Bar! We hope that this issue will invigorate your mind and spark your interest with fresh and noteworthy developments from the courts. This issue will “shine a light” on expert…
Responding to Disclosure Demands at the Bargaining Table: Employer Rights and Obligations
Many Social Services organizations will be negotiating for the renewal of their collective agreements in 2011. Some of our clients have advised us that they have received broad disclosure requests from unions well in advance of actual bargaining. These requests are very similar to requests a number of Social Services organizations received in early 2009….
Responding to Disclosure Demands at the Bargaining Table: Employer Rights and Obligations
As we enter 2009, many Social Services organizations are looking ahead to upcoming negotiations with unions for the renewal of their collective agreements. Some of our clients have already reported an increasing trend among unions to initiate broad disclosure requests well in advance of actual bargaining. However, employers in Ontario are not necessarily obliged to…
The Supreme Court Weighs in on the Obligations of Departing Employees
The Supreme Court of Canada has confirmed that there is an implied obligation of good faith owed by employees to their employers. In a decision released yesterday, RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., the Court found that a manager of investment advisors breached his duty of good faith when he orchestrated a…