From:                                                       David Cheifetz <dcheifetz@gmail.com>

Sent:                                                         Saturday 19 December 2020 18:34

To:                                                            Stéphane Sérafin

Cc:                                                             Jason W Neyers; Obligations list

Subject:                                                   Re: Duty of Honest Performance in the SCC

 

Dear Colleagues,

 

The cynic in my (retired) practitioner side wonders what lurking monster Kasirer J thinks there might be in Quebec civil law that made made him convince the majority to send an obiter shot across the bows of both the Quebc trial and appellate courts and the Quebec bar. 

 

Best wishes to all,

 

David

 

 

 

On Fri, Dec 18, 2020 at 16:08 Stéphane Sérafin <Stephane.Serafin@uottawa.ca> wrote:

I was wondering when this would be posted. Permit me to say, as the first to respond and as someone who can be perhaps rightly accused of approaching the common law through a civilian lens, that I find the majority’s approach here quite shocking, especially given that it didn’t need to go where it did at all.

 

Happy to elaborate on why if there’s interest.

 

Best,

 

Stéphane

 

From: Jason W Neyers <jneyers@uwo.ca>
Sent: December 18, 2020 3:25 PM
To: Obligations list <obligations@uwo.ca>
Subject: ODG: Duty of Honest Performance in the SCC

 

Attention : courriel externe | external email

Dear Colleagues:

 

Just in time for the holidays the SCC has released its decision in C.M. Callow Inc. v. Zollinger, 2020 SCC 45 applying its earlier jurisprudence in Bhasin v Hrynew.  According to a summary provided by the court, the SCC has decided (8-1) that “even when someone is allowed to put an end to a contract, this has to be done in an honest way”:  https://www.scc-csc.ca/case-dossier/cb/2020/38463-eng.aspx.

 

The full decision can be found here:  https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/18613/index.do.  Although the decision is 8-1 there is some disagreement expressed in the concurring judgement as to the applicability of civil law concepts, such as abuse of rights, to the common law.

 

Happy Holidays everyone!

 

Sincerely,

 

 

esig-law

Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)

 

--

 

David