Bhasin

Revisiting Misleading Silence in C.M. Callow Inc v Zollinger : Did the Supreme Court Make the Right Decision?

In 2020, the Supreme Court of Canada expanded the common law doctrine of good faith established in Bhasin v Hrynew, 2014 SCC 71 [Bhasin], by holding that misleading silence can breach the duty to perform one's contractual obligations honestly. An account of C.M. Callow Inc v Zollinger, 2020 SCC 15 [Callow] was previously reported on by TheCourt.ca. However, this commentary will explore how […]

Styles v Alberta Investment Management Corporation : Understanding and Clarifying Bhasin

The case of Styles v Alberta Investment Management Corporation, 2017 ABCA 1, [Styles], began with the termination of the respondent without cause. The question in this case was: what sort of compensation is the respondent entitled to under his employment contract? At first glance, this case may seem like it falls squarely in the realm […]

The SCC’s decision Payette v. Guay and the Potential Implications for Bhasin v. Hrynew

In my previous post here on The Court, I discussed the upcoming appeal of Bhasin v. Hrynew, 2013 ABCA 98, and how the Supreme Court of Canada has an opportunity to clarify whether contractual interpretation should be guided primarily by the intention of the contracting parties at the time the agreement was made (the intentionalist […]