Is there any evidence that a plaintiff was ready, willing and able to complete her obligations as set out in the interim agreement?
British Columbia, Canada
The following excerpt is from Chi v. Chun, 1995 CanLII 2670 (BC CA):
6 The plaintiffs have alleged that at all material times the plaintiff was ready, willing and able to perform her obligations as set out in the interim agreement. That pleading was not admitted and it is apparent that the issue of the plaintiff's readiness, willingness, and ability to complete was squarely raised. There is no evidence in the record to support the proposition that the plaintiff was in fact ready, willing, and able to complete and that is fatal to the claim. In this regard I would refer to the judgment of Madam Justice Southin in Norfolk v. Aikens (1989) 41 B.C.L.R. (2) 145 at 160 where her ladyship said: A plaintiff who is in essential default at the material time cannot succeed in an action for specific performance. That is the situation here. The plaintiff was in essential default and that is fatal to her claim.
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