In a highly anticipated decision, which took over a year to release, the Supreme Court of Canada clarified the parameters of the duty to exercise contractual discretion in good faith in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District. Contracting parties must be mindful that exercising discretion under a contract is constrained by the duty of good faith – that means acting reasonably, consistent with the purpose of the discretion granted and the intention of the parties as set out in the terms of the contract. But the duty is not a fiduciary duty. The duty does not ... [more] Full article
Crystal Clear Contracting: The Supreme Court clarifies the law of pre and post-incorporation contracts
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