Wednesday, April 12, 2017

Damages for bad faith in terminating a partnership

Tim Ludwig Professional Corporation v. BDO Canada LLP, 2017 ONCA 292:


[68]        Keays holds that, because employers have an implied contractual obligation of good faith in the manner of dismissal, damages for bad faith in the manner of dismissal are within the contemplation of the parties when they enter into the contract. Given the duty of utmost good faith owed between partners, confirmed in Rochwerg, the reasoning in Keays should apply in the partnerships context: damages flowing from bad faith in the manner of a partner's expulsion are within the reasonable contemplation of the parties when they enter into the partnership agreement. Such damages can be awarded on the Hadley v. Baxendale principle.




Of the Law Societies of Upper Canada and Nunavut 
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    This is a similar mindset to the opposite of loyalty; directed ire. I believe leniency should be given for submitting to EEG-ing and MRI-ing when the perp helps build a brain database that identifies dis-loyalty. I will cheaply identify responsibility with a rear brain RF coil and forehead EEGs. I'm not sure what brain areas directed ire highlight. Behavioral information security is the closest existing field. Along with IT hackers: insider traders, University test cheats, communists, spies, will all utilize the same brain areas that can form employee screening for key economic and gvmt sectors as technology advances and sometimes will need to be retreated. Bad faith sounds like the same mindset. I envision job-creating optical communications, optical computing and human manufacturing, replacing vulnerable Moore's Law and industrial revolution sectors. Regularly testing such infrastructure will need to use good faith humans.

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