Not fade away: 5 unresolved questions about good faith since Bhasin v. Hrynew

By Brandon Kain (September 30, 2024, 11:52 AM EDT) -- This November marks the 10-year anniversary of the Supreme Court of Canada’s groundbreaking decision in Bhasin v. Hrynew, 2014 SCC 71. In the decade since its release, the court’s recognition of a general organizing principle of good faith has impacted the law of contracts in profound and far-reaching ways. At the same time, a number of important questions about the good faith principle have emerged, and many remain unresolved. What follows is an examination of the top five questions that currently exist regarding good faith. Like the Buddy Holly song, these questions will not fade away. Instead, they require guidance from the courts, including the Supreme Court of Canada itself....