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Canada Case Law

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Contract law 2020 BCSC 1730

Oswald v. Start Up SRL

The court held the July 11, 2015 MOU binding, rejected Start Up SRL’s rescission claim, and ordered specific performance requiring purchase of the ICTC shares.

  • Intention to contract
  • Agreement to agree
  • Certainty of terms
  • Specific performance
  • Rescission for misrepresentation
  • Breach of contract
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Civil C40773

Dical Investments Limited v. Aurora (Town)

The trial judge's finding that there was no real intention to purchase was supported by the parties' conduct, was not unreasonable or palpably and overridingly erroneous, and the missing transcript portions were not relevant to that factual issue; therefore the finding stands and the appeal must be dismissed.

  • Misrepresentation
  • Intention to contract
  • Appellate review
  • Evidence
  • Costs
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