What causes of bad faith in the Branding Fee?
Ontario, Canada
The following excerpt is from 2161907 Alberta Ltd. v. 11180673 Canada Inc., 2021 ONCA 590 (CanLII):
In what follows, I address four potential sources or instantiations of bad faith: first, that 216 knowingly misled 111; second, that 216 “pounced” on a default that it did not believe had occurred; third, that 216 sought to evade payment of the Branding Fee in bad faith; and fourth, that 216 seized upon a breach of its own making as in Mason v. Freedman, 1958 CanLII 7 (SCC), [1958] S.C.R. 483.
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