Lies by Omission: When silence will breach the duty of honest performance of a contract
In C.M. Callow Inc. v. Zollinger, 2020 SCC 45, the Supreme Court of Canada clarified the scope of the duty of good faith in the performance of contracts. This dispute arose from a contract for winter maintenance services between the contractor and a condo complex. The contract between them allowed the condo complex to terminate the services if it was unsatisfied or no longer needed the services. In early 2013, the condo complex decided it would not continue its contract with the plaintiff for the following winter, but it did not advise the plaintiff. The plaintiff continued to provide services ... [more]
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