November 28, 2014

Contract law blockbuster leaves counsel with lingering questions - ‘Good faith' duty will spur litigation, lawyers predict

Eli Lederman was quoted in the Lawyers Weekly on November 28, 2014 in relation to his involvement in Bhasin v. Hrynew et al.

"The Supreme Court's groundbreaking recognition of a "general organizing principle of good faith contractual performance" —including a new common law duty not to lie, deceive or actively mislead — will spur litigation, counsel predict...

...Eli Lederman of Toronto's Lenczner Slaght, co-counsel for the respondent Heritage Education Funds Inc., said the Supreme Court's application of a duty of honest performance to a contract termination clause "is going to raise real questions and real uncertainty about whether your reasoning, as it gets communicated to the party that is being terminated, is forthright and is honest as to the reason for that exercise."