Canadian perspectives on contract remedies

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.

Section: Research Handbook on Remedies in Private Law