Does the fact that there is no provision that considers the respondent’s failure to perform his obligations in breach of contract preclude the applicant from seeking damages for non-performance of the contract?
British Columbia, Canada
The following excerpt is from Collister v. Caton, 2019 BCCRT 148 (CanLII):
15. The fact that there is no provision that considers the respondent’s failure to perform his obligations does not mean that the applicant cannot be awarded damages for non-performance of the contract. Damages for the breach of a contract are intended to put a claimant in the same position that he or she would have occupied had the contract been carried out by both parties (see Water’s Edge Resort v. Canada (Attorney General), 2015 BCCA 319 at para. 39).
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