Absolute Discretion and the Duty of Good Faith
May 10, 2021 By Brian Babcock Absolute discretion under a contract is not always absolute. The Supreme Court of Canada continues to develop the law relating to the duty of good faith in the performance of a contract. In Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, the parties had a long term […]
Specific Performance Made Easy?
May 10, 2021 By Brian Babcock For centuries, the primary remedy when an agreement of purchase and sale did not close was “specific performance” – a judgment of the court requiring the deal to be completed. Then, in 1996, the Supreme Court of Canada made reference to the fact that even residential homes are often […]