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VIDEO · 25 FEBRUARY 2015

Honesty In Employment Contracts For HR Professionals (Video Content)

Marco P. Falco discusses the duty of honest contractual performance for HR professionals as part of the Torkin Manes LegalPoint Video Series.

CanadaEmployment and HR

Marco P. Falco discusses the duty of honest contractual performance for HR professionals as part of the Torkin Manes LegalPoint Video Series.

You may have heard of a recent decision of the Supreme Court of Canada which has made major changes to the law of contracts.  The case is called Bhasin v. Hrynew, and it will have significant implications for all contracts in Canada, including employment agreements.  HR professionals in Canada need to understand its basic requirements.

In the Bhasin decision, the Supreme Court of Canada created a new duty on the parties to a contract.  The Court named it "the duty of honest contractual performance".  This new duty can be simplified in a few principles:

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