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ARTICLE · 10 FEBRUARY 2021

Wastech Services Ltd. V. Greater Vancouver Sewerage And Drainage District: When Does The Exercise Of Contractual Discretion Go Too Far?

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On February 5, 2021, the Supreme Court of Canada released its decision in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District.

CanadaLitigation, Mediation & Arbitration

On February 5, 2021, the Supreme Court of Canada released its decision in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District.1 Wastech is another chapter in what we can call the "Good Faith Series" in Canadian law.  Wastech was heard alongside C.M. Callow Inc. v. Tammy Zollinger, et al.2 in December 2019. See our earlier post on C.M. Callow.

Along with C.M. Callow, Wastech follows Bhasin v Hrynew,3 the 2014 decision in which the Supreme Court stated that good faith and honesty are central to contract law. In Bhasin the court stated that, "the organizing principle of good faith exemplifies the notion that, in carrying out his or her own performance of the contract, a contracting party should have appropriate regard to the legitimate contractual interests of the contracting partner."4  See our earlier post on Bhasin.

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