Published on October 17, 2012, this case deals
with the duty of a plaintiff to take actions to mitigate losses
when seeking specific performance. The reasons for judgment were
written by Madame Justice Karakatsanis, a recent appointee who so
far has written only one other decision (in the criminal context).
Her background is in administrative law, so it is interesting to
see her venture into the realm of equitable remedies.
The facts of the case are simple. The Plaintiff Southcott is a
single purpose corporation, incorporated specifically for the
purpose of purchasing a parcel of land from the Defendant School
Board. A purchase agreement was made by the parties, under which
Southcott paid a 10 percent deposit. The agreement was conditional
on the School Board obtaining a severance of the land on or before
the closing date. The closing date was extended once, but the
School Board declined to accept a further extension when its
request for severance was denied by the
