Sentences with phrase «recognized common law duty»

In most of Canada, it doesn't appear that there is any recognized common law duty to provide a letter of reference.

It did consider whether to recognize a common law duty to abide by the safeguarding provision, but held that it should not do so based on policy grounds, including the need to defer to the comprehensive administrative remedial regime provided for by the legislature.

Not exact matches

Moreover, the Supreme Court of Canada recently held in Bhasin v. Hrynew, 2014 SCC 71 that «It is appropriate to recognize a new common law duty that applies to all contracts as a manifestation of the general organizing principle of good faith: a duty of honest performance, which requires the parties to be honest with each other in relation to the performance of their contractual obligations.»

The court also referred to a unanimous judgment from the Supreme Court of Canada (SCC), in which the SCC recognized a general organizing principle of good faith contractual performance — i.e., that there is a common law duty which applies to all contracts to act honestly in the performance of contractual obligations.

Stage one: does the action in question fall within the general scope of a police duty imposed by statute or recognized at common law?

In another recent decision of the SCC, Bhasin v Hrynew, 2014 SCC 71, the Court recognized a new common law contractual duty: the duty of honest performance.

With respect to whether the court should recognize a new common law duty of honesty in contractual performance - under the broad umbrella of the organizing principle of good faith performance of contracts Justice Cromwell held that the Court should.

Justice Cromwell cited three reasons for his decision that Canadian common law should recognize a contractual duty to act honestly in the performance of contractual obligations:

Recognizing a duty of honest performance flowing directly from the common law organizing principle of good faith is a modest, incremental step.

c. Inclusion of a NAFTA Indigenous Peoples» Chapter that would work along the lines of these sections of the Trans - Pacific Partnership, but that would replace mention of the Treaty of Waitangi with reference to s. 35 of Canada's Constitution Act, 1982, the mandated Supreme Court of Canada duty to consult and accommodate Indigenous concerns, and to recognize Aboriginal Title as part of the common law as it stands in Canada.

Under the umbrella of the duty of good faith, the Supreme Court also recognized a new common law contractual duty: the duty to act honestly in the performance of contractual obligations.

The Supreme Court of Canada's decision in Bhasin v. Hrynew significantly evolves the common law of contract by recognizing a general common law duty of good faith contractual performance, and... [more] Full article

R. v. MacDonald, 2014 SCC 3 (34914) Two stages: the court must ask whether the action falls within the general scope of a police duty imposed by statute or recognized at common law; if the answer is affirmative, the court must inquire into whether the action constitutes a justifiable exercise of powers associated with the duty.

... The duty of commitment to the client's cause has been recognized by the Court as a distinct element of the broader common law duty of loyalty and thus unquestionably is a legal principle:...