. 100 Bloor Street West Corporation v. Barry's BootCamp Canada Inc.
In 100 Bloor Street West Corporation v. Barry's BootCamp Canada Inc. (Ont CA, 2023) the Court of Appeal considered the Wastech case, which limits the allowed purposes of the exercise of a contractual discretion by a party - as a matter of the contractual duty of good faith:
[7] Barry’s now appeals that decision. It has constructed an elaborate argument contending that the application judge committed an extricable error of law by erroneously identifying the purpose of the discretionary attribution subclause, thereby applying a mistaken assessment of reasonableness. This argument is crafted out of the decision in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7, 454 D.L.R. (4th) 1, at paras. 88, 92, which holds that the exercise of a contractual discretion is unreasonable if it is unconnected to the purposes for which the discretion is granted. ...
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