What is the defence to a specific performance action?

Alberta, Canada

The following excerpt is from Royal Bank of Canada v. Joffre Resources Ltd., 1985 CanLII 1172 (AB QB):

This was considered in Dyster v. Randall & Sons, [1926] 1 Ch. 932, where the court considered a defence to an action for specific performance that the plaintiff had himself committed a breach of the contract. Page 942 of the decision states: Whilst it is clearly settled that a plaintiff who has committed a breach of an essential term of the agreement cannot obtain specific performance, yet this principle does not, in my opinion, extend to non-essential or trivial breaches.

Other Questions

Can a party to an action extend the action by unilateral action, when nothing has been done to materially advance the action for five years or more? (Alberta, Canada)
Can a learned trial judge order that a constructive trust action be used in a divorce action? (Alberta, Canada)
What is the test for specific performance in real estate? (Alberta, Canada)
What are the implications of a court finding that specific performance is not an available remedy? (Alberta, Canada)
Can malice defeat the defence of qualified privilege in a defamation action? (Alberta, Canada)
What is the test for specific performance in a contract where a house is not unique? (Alberta, Canada)
What is the meaning of intent without corresponding action in a divorce action? (Alberta, Canada)
What is the defence of self-defence in a murder case? (Alberta, Canada)
Can events arising from a prior action be the foundation for a new action? (Alberta, Canada)
Does the Court have jurisdiction to grant specific performance? (Alberta, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.