Contractual Good Faith : Perspectives from Canada, France and the United States


Member of the Young Bar of Montreal (lawyer sworn in before 2010): 27,50 $ CAD + 1,38 $ (TPS) + 2,74 $ (TVQ) = 31,62 $ CAD
Member of the Bar of Montreal: 37,50 $ CAD + 1,88 $ (TPS) + 3,74 $ (TVQ) = 43,12 $ CAD
Non-member of the Bar of Montreal: 65,00 $ CAD + 3,25 $ (TPS) + 6,48 $ (TVQ) = 74,23 $ CAD

  Date limite pour annulation avec remboursement: 10 juin 2021                            

Conference is given in English.
Les membres du Barreau de Lyon sont priés de contacter le Barreau de Lyon pour inscrire.
Members of the Philadelphia Bar must register with the Philadelphia Bar Association.

Organized by the International Relations Committee (Bar of Montreal), the Barreau of Lyon and International Law Committee of the Philadelphia Bar Association.

When 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? 

This conference will examine the doctrine of good faith across three different jurisdictions: Canada, France and the USA. The speakers will engage in a lively, interactive discussion that explores their countries’ various approaches, the differences and similarities with a focus on practical tips for lawyers practicing in the area of contract negotiation and litigation.

The original idea for this webinar was born from a Supreme Court of Canada (SCC) decision rendered in 2018 on the scope of good faith in contracts. It became a hot topic as two other SCC decisions would follow in 2020 and 2021.

The 2018 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 foreseeability ensued : could judges revise contracts where a change of circumstances render’s performance of a contract more onerous?

We expect a lively and interactive discussion.

The Honourable Louis LeBel, Retired Supreme Court of Canada Judge
The Honourable Gary S. Glazer, Former Supervising Judge of the Philadelphia Commerce Court
The Honourable Thierry Gardon, President of the Commercial Court in Lyon

Althia I. Bennett, Esq., Chief Counsel of the Office of the State Inspector General, Commonwealth of Pennsylvania

To participate, please register below before June 14, 2021, 4:30 p.m.

Participants will receive their link the day before the conference.