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Bhasin V. Hrynew: A New Era For Good Faith In Canadian Employment Law, Or Just Tinkering At The Margins?, Claire Mummé

Law Publications

In Commonwealth Bank Australia v Barker the High Court of Australia refused to impose an implied duty of mutual trust and confidence into the employment contract, reasoning that doing so would take the Court beyond its legitimate authority.[1] Issued a bare two months later, the Supreme Court of Canada went in a different direction. In Bhasin v. Hrynew, the Court acknowledged good faith as a central organizing principle of contract law, and announced a new duty of honest performance applicable to all contracts. A few months later the Court applied the new organizing principle of good faith to …