What constitutes continuing repudiation of an agreement?

British Columbia, Canada


The following excerpt is from Doman Forest Products Ltd. v. GMAC Commercial Credit Corp. - Canada, 2007 BCCA 88 (CanLII):

In Bailey v. Koop, [1995] B.C.J. No. 1562 (S.C.), it was held that continued refusal to permit performance of an agreement constituted continuing repudiation. One party, the landowner, had agreed to permit the other party to remove trees on his land. The landowner then provided written notice refusing further removal of the trees. This repudiation was found not to have been accepted. Subsequently the landowner provided another written notice reiterating cancellation of the agreement. Such conduct was held to be a continuing repudiation.

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