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31 Mar

Date of breach of contract affirmed for assessment of buyer’s damages

Thursday, March 31, 2022James R.G. CookLitigationReal Estate, Breach of Contract

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In Akelius Canada Ltd. v. 2436196 Ontario Inc., 2022 ONCA 259, the Ontario Court of Appeal upheld a summary judgment decision that ...

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26 Aug

Court finds 500% “penalty” clause enforceable

Thursday, August 26, 2021Stephen A. Thiele, Howard WolchLitigationContract Law, Breach of Contract

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In the law of contracts, a penalty is the payment of a stipulated sum on the breach of the contract, irrespective of the damage sustained. In general, where the penalty is...

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