Lawyers Weekly quotes Montréal lawyers Nikolas Blanchette and Marcelo Ciecha in an article about long-running energy feud with Hydro-Québec. (PDF)
In a similar vein Montreal lawyers Nikolas Blanchette and Marcelo Ciecha of Fasken Martineau DuMoulin LLP wrote in a legal bulletin that the appeal court confirmed the doctrine of unforeseeability is inapplicable in Quebec Law. They point out the appeal court held that the duty to act in good faith or the principle of fairness in civil law cannot compel one side to renegotiate a clause that had been “duly negotiated” by the parties. They also draw attention to the appeal court’s finding that the duty to act in good faith does not oblige a party to put the interests of the other contracting party first. However, they also highlight the appeal court’s finding that a court has the “ability” to sanction a party when it profits from a situation to take undue advantage. “This objective facet of good faith therefore closely resembles” the doctrine of unforeseeability “without being identical,” they said.
