If I’m Being Honest With You…
C.M. Callow Inc. v. Zollinger and the contractual duty of honest performance.
In December 2020 the Supreme Court of Canada overturned a unanimous decision of the Court of Appeal on the basis of the breach of the duty of honest performance in contractual relations. What otherwise appeared to be a straightforward 10 day notice of termination provision allowing Baycrest to terminate a snow removal service provider turned out to be anything but.
11 Mar 2021, 11:00 AM
1 CPD hours
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About the Instructor(s)
Dan Chitiz is a founding partner at Chitiz Pathak LLP. Called to the Ontario bar in 1990, Dan is a commercial litigator, whose extensive practice covers complex contract disputes, professional negligence claims, oppression remedy and other shareholder based actions, commercial securities litigation, partnership and limited partnership disputes, franchise litigation, employment law and real estate and construction lien litigation.
Dan has appeared before all levels of the Ontario courts, including a broad range of matters on the Toronto Commercial List as well as before the Divisional Court and the Court of Appeal for Ontario.
Dan acts for and against accounting firms on a wide range of professional issues, including professional negligence claims.
Dan has a comprehensive arbitration practice, having arbitrated under the
Ontario Arbitration Act, the International Commercial Arbitrations Act and
NADAP before one member and three member arbitration panels, addressing issues
such as ownership of a prominent hockey franchise, wrongful termination of an
automobile dealership by a major North American automobile manufacturer,
disputes pertaining to post closing purchase price adjustments, an oppression
remedy application brought by an equal shareholder against the company’s
institutional passive investor, repudiation and conversion of a franchisee’s
business by a franchisor, both in the insurance industry and the banking
services sector, appropriate compensation and capital payments between
accountants on their termination by a prominent accounting firm, breaches of
duties of care by a registered investment advisor in its handling of its
clients’ investment accounts, constructive dismissal disputes and applicable
lease rates on the extension of a lease term.
Dan has appeared as lead counsel before different administrative boards and tribunals throughout the province. Dan is a member of the Advocates Society, Canadian and Ontario Bar Associations and Toronto Commercial Arbitration Society. Dan is also a facilitator of an Expert Witness Certificate Program conducted by Osgoode Hall Law school.