SPEAKERS LIVE via WEBCAST
Contractual Good Faith: Perspectives from Canada, France and the United States
Co-Hosted by the Philadelphia Bar Association International Law Committee, Comité rayonnement international du Barreau de Montréal and Commission Internationale du Barreau de Lyon
This program examines the doctrine of good faith across three different jurisdictions: Canada, the USA and France. Where a contract becomes particularly onerous or difficult to execute, will courts intervene to provide assistance if the parties can demonstrate that they are acting in good faith? Can the doctrine result in rewriting contract clauses, or merely guiding their interpretation? Panelists engage in a discussion that explores the their countries’ various approaches and their differences and similarities, with a focus on practical tips for lawyers practicing in the areas of contract negotiation and litigation.
The idea for this program was borne of a November 2018, Supreme Court of Canada (SCC) decision on the scope of good faith in contracts under Québec law, Churchill Falls (Labrador) Corp. v. Hydro-Québec. Good faith became a hot topic as two other SCC decisions, C.M. Callow Inc. v. Zollinger and Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, would follow in 2020 and 2021, and addressed its scope in Canadian common law. The Churchill Falls matter focused on a 65-year power supply contract signed in 1969. The Plaintiff sought to renegotiate the contractual price by invoking changes to the contractual circumstances. A debate about the doctrine of unforeseeability ensued: could judges revise contracts where a change of circumstances renders performance of a contract more onerous? The SCC analyzed the relationship between the theory of unforeseeability and the contractual duty of good faith, as well as equity, in Canada and other jurisdictions.
Attend this program and hear the examination of this relationship in the three different jurisdictions from the speakers – a retired Supreme Court Justice from Canada, the President of the Commercial Court in Lyon, and a former Supervising Judge of the Philadelphia Commerce Court.
Althia O. Bennett, Esq.
Chief Counsel, Office of the State Inspector General
Governor’s Office of General Counsel
Commonwealth of Pennsylvania
Hon. Gary S. Glazer
Philadelphia Court of Common Pleas
former Supervising Judge, Philadelphia Commerce Court
Hon. Thierry Gardon
President, Commercial Court of Justice of Lyon
Hon. Louis LeBel
Supreme Court of Canada (ret.)
Langlois law firm, Quebec City and Montréal
judge-in-residence, Faculty of Law, Laval University
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