Can a covenantor who stands in clear breach of an express prohibition to have a holiday from enforcement until the trial of his covenantor?
Manitoba, Canada
The following excerpt is from Michael Santarsieri Inc. v. Unicity Mall Limited, 1999 CanLII 14170 (MB QB):
Twaddle J.A. than repeated the following words from the Hampstead v. Diomedous case with approval: I see no reason for allowing a covenantor who stands in clear breach of an express prohibition to have a holiday from the enforcement of his obligation until the trial.
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