Beyond the creation of the new duty of honest performance, the decision contains a fair amount of nuanced commentary on the general contractual obligations of good faith. (thelitigator.ca)
In a post-Bhasin legal landscape, the question of how ROFR obligations will be interpreted in light of the newly recognized duty of honest performance in contract law was addressed in the Saskatchewan Court of Appeal («SKCA») case of Northrock Resources v ExxonMobil Canada Energy, 2017 SKCA 60 («Northrock»). (nerlandlindsey.com)
«So you couldn't put a clause in your agreement that says, quite apart from the terms of this agreement or what the Supreme Court has said in Bhasin, the parties are not required to perform any of these obligations in good faith because, in Bhasin, the court was clear you can't contract out of this underlying duty of honest performance.» (canadianlawyermag.com)