Supreme Court Declares a New Common Law Duty of Honest Performance: Bhasin v Hrynew

The Supreme Court of Canada has declared a new common law duty that will affect contract law in all the common law jurisdictions of Canada. In a December ruling, Bhasin v Hrynew, 2014 SCC 71, the Court declared a new common law duty of honest performance and also recognized a general organizing principle of contractual […]

Tipping the Scale for Unwarranted Arrests: R v Day

Last month, the Supreme Court of Canada (“SCC”) delivered a single-paragraph oral judgment in the matter of R v Day, 2014 SCC 74, dismissing an appeal from the Supreme Court of Newfoundland and Labrador Court of Appeal (“NLCA”), 2014 NLCA 14 [Day]. The SCC’s affirmation of the appellate court's decision seems to indicate that it is […]