It is
the supreme act of faith.
Not exact matches
This phrase is the basis
of the catholic doctrine that «unaided human reason is unable to reach certitude, and that the fundamental
act of human knowledge consists in an
act of faith, and the
supreme criterion
of certitude is authority».
Among them, he represented the successful appellant Harish Bhasin, in Bhasin v. Hrynew, in which the
Supreme Court
of Canada for the first time recognized a legal duty to
act honestly and in good
faith in 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.
The Ontario
Supreme Court stated that «the grantor
of a right
of first refusal must
act reasonably and in good
faith in relation to that right, and must not
act in a fashion designed to eviscerate the very right which has been given».
Prior to 2008 courts in Canada followed the
Supreme Court
of Canada's decision in Wallace v. United Grain Growers Ltd. 4 and simply extend the dismissed employee's notice period
of it where found that the employer had engaged in
acts of bad
faith at the time
of dismissal.
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.
Secondly, the
Supreme Court
of Canada recently held that good -
faith contractual performance is an «organizing principle»
of contract law in Canada's common law jurisdictions, but under Quebec law, the duty to
act in good
faith is statutorily implied in every contract and at every stage
of the contractual relationship.
From R. v. Powley in 2003 (which recognized that Métis communities have pre-existing aboriginal rights protected by s. 35) to Cunningham v. Alberta in 2011 (wherein Chief Justice Beverley McLachlin urged that «the time has finally come for recognition
of the Métis as a unique and distinct people») to Manitoba Métis Federation v. Canada in 2013 (which recognized the outstanding constitutional grievance
of the Manitoba Métis flowing from land grant provisions set out in s. 31
of the Manitoba
Act, 1870), the
Supreme Court
of Canada has been consistent and unequivocal: s. 35 demands good
faith and meaningful negotiations and reconciliation with the Métis people as well.
Although the court in 888394 Ontario Inc. v. Cornwall Centre Road Properties Inc. did consider briefly the nature
of the duty to
act in good
faith in completing the contract, it would have been greatly assisted in its assessment by the more fulsome analysis and the clearly stated benchmarks provided by the
Supreme Court
of Canada in Bhasin v. Hrynew.
The owners
of a sprawling Wyoming cattle ranch
acted in bad
faith by replacing their longstanding broker after he assembled a promising deal, and were wrong to deny him commission when the deal closed, the
Supreme Court
of Wyoming ruled in December.