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Civil and Administrative
Litigation Opinions
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TOPICS

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Contract - Duty of Good Faith - Other 'Duties'

. Jones v. Quinn

In Jones v. Quinn (Ont CA, 2024) the Ontario Court of Appeal mentions other distinct 'duties of good faith':
(3) Issue Three: The Appellant Frustrated the Respondents’ Exercise of the Option

[74] In Bhasin v. Hrynew, 2014 SCC 71, [2014] 3 S.C.R. 494, the Supreme Court acknowledged that “good faith contractual performance is a general organizing principle of the common law of contract” and “manifests itself in various more specific doctrines governing contractual performance:” at paras. 33, 63. The list of doctrines is not closed, but includes: “1) the duty of cooperation between the parties to achieve the objects of the contract; 2) the duty to exercise contractual discretion in good faith; 3) the duty not to evade contractual obligations in bad faith; and 4) the duty of honest performance:” 2161907 Alberta Ltd. v. 11180673 Canada Inc., 2021 ONCA 590, 462 D.L.R. (4th) 291, at para. 44.

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Last modified: 05-07-25
By: admin