The Principle of Good Faith in Contracts: Essential Updates and Practical Analysis in Canadian Contract Law 2021

Shantona Chaudhury
Pape Chaudhury LLP

Brandon Kain
McCarthy Tétrault LLP

Geoff R. Hall
McCarthy Tétrault LLP

Julia S. Shin Doi
General Counsel, Ryerson University

Angela Swan
Aird & Berlis LLP

In light of the changing jurisprudence in this area, experienced counsel will review key considerations when negotiating and drafting commercial contracts, including:

• Identifying common situations where Good Faith applies
• Advising the client at the pre-drafting stage and conducting informative and useful interviews and meetings
• Good Faith Drafting 101: review of how to structure contracts, including key wording and clauses to include

Catherine Beagan-Flood
Blake, Cassels & Graydon LLP

Julia K. Lockhart
Nathanson, Schachter & Thompson LLP

Jeremy Opolsky
Torys LLP

An experienced panel of commercial law litigators directly involved in Good Faith cases will provide their views of recent developments in contract law jurisprudence, along with practical insights on new approaches to disputes in this area, including:

• Succinct overview of Bhasin and related key court rulings since then, including Matthews, Callow and Wastech
• When does the duty of Good Faith create obligations that go beyond the plain text of the contract?
• What remedies are available for a breach of the duty of Good Faith?
• Effective communication strategies when advising clients on the new ‘Good Faith environment’
• Advocacy and litigation tactics in contractual disputes

The Hon. Justice Thomas A. Cromwell
Supreme Court of Canada (retired) and Borden Ladner Gervais LLP

The Hon. Justice Mary V. Newbury
British Columbia Court of Appeal

The Hon. Justice Michelle O’Bonsawin
Ontario Superior Court of Justice

Current and retired jurists drawn from the Supreme Court of Canada and appellate and trial levels discuss the ongoing evolution of contract law in Canada, offering their perspectives on Good Faith and what counsel need to consider when bringing cases.

Laurel Lui
Director, Commercial Services, Upstream, Suncor Energy Inc.

Ryan MacIsaac
Counsel, Uber

Paul Sheridan
Counsel, Ontario Ministry of the Attorney General, Crown Law Office – Civil

In-house and government Counsel have additional duties and obligations to their clients and stakeholders when advising on contractual matters. The panel will give a detailed overview of the specific and unique challenges posed by the Good Faith approach in this area of practice, and where to look for red flags.

Relevant to all Counsel, the discussion will include:

• Best practices in risk management
• The unique circumstances of in-house and government practice, and their relevance to both internal and external Counsel
• Common areas of in-house/single client practice where Good Faith is a possible issue

Tamara Buckwold
Professor, Faculty of Law, University of Alberta (retired)

Paul Daly
Professor, Faculty of Law, University of Ottawa

John McCamus
Professor Emeritus, Osgoode Hall Law School

Leading legal scholars will weigh in on the evolution of the Good Faith doctrine as an organizing principle of contract law, explaining how we got to Bhasin, the varying approaches to Good Faith taken by different provinces and courts, and how the doctrine may continue to evolve.

Steven J. Burton
Professor, College of Law, The University of Iowa

Rosalie Jukier
Professor, Faculty of Law, McGill University

No law or jurisdiction exists in a vacuum. Legal experts from Quebec and the U.S. will describe how the doctrine of Good Faith developed and applies in their home jurisdictions, offering guidance on what facets could be transferable and relevant to Canadian common law practitioners.