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Good Faith in Canadian Contract Law

It has been a decade since the Supreme Court of Canada recognized a general organizing principle of good faith in contractual performance and a duty of honest performance in Bhasin v. Hrynew. Since then, a large body of case law has emerged as courts and parties navigate the principles’ evolution.

To help practicing professionals, professors, judges, and students understand this evolving area of the law, McCarthy Tétrault partner Brandon Kain has authored Good Faith in Canadian Contract Law, the first text to undertake a systematic review of the good faith principle and its associated doctrines.

The book is thoughtfully organized to provide readers with a detailed account of good faith in the following chapters:

  • The history and essential features of the organizing principle of good faith
  • Comparative analysis of good faith outside common law Canada
  • Good faith in contractual negotiations
  • Good faith in contractual formation
  • Good faith in performance: relational duties
  • Good faith in performance: situational duties
  • Good faith in contractual interpretation
  • Remedies for conduct contrary to good faith

The book is written in an accessible style, and breaks the discussion down into a number of different areas, allowing readers to choose which issues they wish to examine and quickly locate the relevant discussion.

Brandon Kain is a leading appellate litigator, who successfully represented the appellants in the Supreme Court of Canada’s groundbreaking good faith cases of Bhasin v. Hrynew and C.M. Callow Inc. v. Zollinger. His text is intended to assist legal professionals to understand and apply the principle of good faith in both practice and academia.

Good Faith in Canadian Contract Law is available in hard copy, e-book or through Lexis+, LexisNexis Quicklaw Advance and the LexisNexis Digital Library.

Good Faith in Canadian Contract Law (2 Volumes)

Good Faith in Canadian Contract Law (2 Volumes)

Available from LexisNexis (In English only)

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