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The Supreme Court Of Canada Clarifies The Duty To Exercise Contractual Discretion In Good Faith - Litigation, Mediation & Arbitration

not breached. The Greater Vancouver Sewerage and Drainage District ( Metro ) and Wastech Services Ltd. ( Wastech ) entered into a long-term contract for the removal and transportation of waste to three disposal sites. The contract gave Metro absolute discretion to allocate waste between the sites and provided that Wastech would be paid a different rate depending on the site. In 2011, Metro reallocated waste in a way that resulted in Wastech s not achieving a cost/revenue target identified in the contract. The Court held that this reallocation did not breach Metro s duty to exercise its contractual discretion in good faith because it was consistent with the purposes for which the

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