Research Handbook on Remedies in Private Law
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Research Handbook on Remedies in Private Law

Edited by Roger Halson and David Campbell

This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent.
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Chapter 20: Canadian perspectives on contract remedies

Jeff Berryman

Abstract

The Supreme Court of Canada has accepted that in the common law of contract a high degree of stability is desirable and incremental changes are to be justified on an evident need to update common law principles to local conditions. In this chapter, the work of the Supreme Court of Canada is described in respect to the law of remedies for contract breach. In particular, the court has justified a slightly more regulatory function in its development of punitive damages and the award of damages for non-pecuniary damages in contracts characterised by power imbalances. The different tack taken concerning specific performance and its impact on mitigation and damages also reflects arguments over different market conditions prevailing in Canada when compared to the United Kingdom.

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