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Journal Articles (Law)
Items in this Collection
- 2Canadian Law
- 2Good faith (Law)--Laws, regulations and rules
- 2Government regulation
- 1B.C. Business Corporations Act
- 1BREACH of contract
- 1Bad faith(law)--
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1996
As part of the Alberta Law Review's Special Edition celebrating the seventy-fifth anniversary of the opening of the Law School in 1921, this article endeavours to trace aspects of the expansion of the enforceability of promises from 1921 to 1996. To provide a general context for subsequent...
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Punitive Damages and the Requirement for an Independent Actionable Wrong: Whiten v Pilot Insurance Co.
Download2002-01-01
O'Byrne, Shannon, Oshioebo, Evaristus
Introduction: In Whiten v. Pilot Insurance Co., the Supreme Court of Canada considered whether a jury award of $1 million in punitive damages against an insurance company for breach of a contract was reviewable. Also considered was whether breach of an insurer's duty to act in good faith amounted...
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2015-01-01
O'Byrne, Shannon, Cohen, Ronnie
This article explores the Supreme Court of Canada’s 2014 decision in Bhasin v. Hrynew. This includes an assessment of the new duty of honesty in contractual performance and the newly identified organizing principle of good faith. The authors also discuss contracting out of the duty of honesty —...
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2007
This article assists common law practitioners to predict when good faith obligations are owed in the context of contractual performance by organizing recent case law. The article concludes by advocating for express recognition of a common law rule that would mandate good faith as the governing,...