What is the difference between the duty of good faith and discretionary powers?
Canada (Federal), Canada
The following excerpt is from C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (CanLII):
First, this case concerns solely the duty of honest performance and not the duty to exercise discretionary powers in good faith (these two duties were distinguished in Bhasin v. Hrynew, 2014 SCC 71, [2014] 3 S.C.R. 494, at paras. 47, 50 and 72-73).
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