What is the burden to establish acceptance of a contract?
Ontario, Canada
The following excerpt is from Fram Elgin Mills 90 Inc. v. Romandale Farms Limited et al., 2019 ONSC 5322 (CanLII):
The burden to establish acceptance of the repudiation is on the party asserting acceptance. In Brown v. Belleville, 2013 ONCA 148, 114 OR (3d) 561, at paras. 43-48, the court held that it appears to be settled law in Canada that acceptance of repudiation must be “clearly and unequivocally communicated” to the repudiating party “within a reasonable time”. Communication of the election to disaffirm or terminate the contract may be accomplished directly, by either oral or written words, or may be inferred from the conduct of the innocent party in the particular circumstances of the case.
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