What is the burden on a party wishing to breach a covenant?
Manitoba, Canada
The following excerpt is from Michael Santarsieri Inc. v. Unicity Mall Limited, 1999 CanLII 14170 (MB QB):
In Miller v. Toews, Twaddle J.A. noted the heavy burden on the party wishing to breach the covenant on the issues of irreparable harm and balance of convenience. He then went on to state as follows at p. 6:
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