Good evening.
Following are the summaries for this week's civil decisions
of the Court of Appeal for Ontario.
In Hurst v. Hancock, 2019 ONCA 0483, the Court reminded us that
where there is anticipatory breach of contract, the innocent party
can either immediately accept the anticipatory breach, treat the
contract as at and end, and sue for breach, or the innocent party
can wait until performance is due and actual breach occurs. If the
innocent party elects the latter option, the claim for breach of
contract does not arise until the time for performance and the
actual breach for the purpose of calculating the limitation period
to sue on the claim.
Other topics covered this week included administrative law in
the labour law context, malicious prosecution, negligent
investigation and breach of contract in the construction
context.
