Conscientious Contracting: An Update on the Duty of Good Faith; Degrees of Disturbance: Proving Mental Injury | CPDonline.ca

Conscientious Contracting: An Update on the Duty of Good Faith; Degrees of Disturbance: Proving Mental Injury

Paula Puddy, HBA LLB MBA

This two-part County of Carleton Law Association (CCLA) program features presenters Alyssa Tomkins, as she provides a comprehensive update on the duty of good faith in contracts, and Rachel Law, as she offers a practical how-to guide on proving mental injury.

Alyssa Tomkins discusses the idea behind the principle of good faith, and the duty to exercise discretion in good faith. She gives practical tips for pleading this duty, emphasizing the identification of the purpose for which discretion was granted, and strategies to prevent claim dismissal. 

Rachel Law provides guidance on how to distinguish between psychological upset and compensable mental injury. Using recent case law examples, Rachel Law navigates the court's treatment of these issues, and provides strategies for securing compensation for clients. She emphasizes the importance of understanding degrees of disturbance and calculating damages while highlighting that expert evidence, though not mandatory, can significantly bolster a case. 

Conscientious Contracting: An Update on the Duty of Good Faith; Degrees of Disturbance: Proving Mental Injury

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