By: Jassmine Girgis
Case commented on: Bhatnagar v Cresco Labs Inc, 2023 ONCA 401 (CanLII)
PDF Version: There is No Presumption of Loss Flowing from a Breach of the Contractual Duty of Honest Performance
In Bhatnagar v Cresco Labs Inc, 2023 ONCA 401 (“Cresco Labs”), the Ontario Court of Appeal addressed whether the Supreme Court’s decision in CM Callow Inc v Zollinger, 2020 SCC 45 (CanLII) (“Callow”) created a legal presumption of loss once a court finds a breach of the contractual duty of good faith. The ONCA found that there is no presumption of loss and that a plaintiff claiming a loss of opportunity has the burden of providing evidence. Continue reading