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Contract Negotiation and Performance – The Operating Principle of “Good Faith”

The obligation to either negotiate or perform in “good faith” is found in many commercial agreements.  While these are “big picture” concepts, they can have very real implications when a dispute arises.  In recent years, the Supreme Court of Canada and the Ontario Superior Court of Justice have issued judgments that provide guidance on what commercial behavior Canada’s common law courts may, or may not, find acceptable…

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