“Good Faith” Trilogy

Friends Who Argue

Welcome to Season 2 of Friends Who Argue!
In our first episode of Season 2, litigators Cynthia Spry, Elisha Jamieson and Winston Gee discuss the Supreme Court of Canada's decisions in the "good faith" trilogy of recent decisions: David Matthews v. Ocean Nutrition Canada Limited (NS), 2020 SCC 26 ("Matthews"), C.M. Callow Inc. v. Zollinger, 2020 SCC 45 ("Callow"), and Wastech Services v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7 ("Wastech"). These cases build upon and clarify the doctrine of good faith contractual performance derived from the Court's landmark judgment in Bhasin v. Hyrnew, 2014 SCC 71.

Cynthia Spry is a litigator and partner at Babin Bessner Spry LLP, where she practices in the areas of class actions, shareholder disputes (including claims for oppression remedies), fraud, contractual disputes, insolvency issues, securities, resource litigation, defamation and executive employment law.

Elisha C. Jamieson-Davies is a partner at Hicks Morley. She represents both public and private sector clients in a variety of industries, and in many types of litigation including employment disputes, long-term disability claims, commercial disputes, restrictive covenant enforcement, class actions, and judicial reviews/appeals.

Winston Gee is an associate at Torys LLP. Winston’s practice focuses on litigation and dispute resolution in a variety of areas, with an emphasis on public and regulatory law, class actions, Indigenous matters, contractual disputes, insurance law, and the energy and infrastructure sectors.