The Booths did not lie to the Bilottas. However, counsel for the Booths waited until the last moment to tell counsel for the Bilottas about the water damage and only allowed the Bilottas to inspect the house within 24 hours of being notified of the water damage. The Booths undermined the Bilottas’ legitimate contract interests and did so in bad faith. Again, there is no information before me regarding why counsel for the Booths waited so long to tell counsel for the Bilottas about the damage when he himself was told over a week earlier. It was hardly surprising that this late disclosure resulted in immediate allegations of wrong doing and suspicion by counsel for the Bilottas. It is this type of bad faith behaviour that Bhasin v. Hrynew sought to end.
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