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Don t mislead your contracting counterparties about
matters linked to the performance of a contract. That is the
apparently simple message from the Supreme Court of Canada in
CM Callow Inc v Zollinger. Applying
the organizing principle of good faith and, specifically, the duty
of honest contractual performance (recognized in
Bhasin v Hrynew) to a case involving a right to
terminate an agreement on notice for convenience,
Callow
seeks to clarify the circumstances in which the duty of honest
performance may require a contracting party to provide information