What is the defence to a specific performance action?
Alberta, Canada
The following excerpt is from Royal Bank of Canada v. Joffre Resources Ltd., 1985 CanLII 1172 (AB QB):
This was considered in Dyster v. Randall & Sons, [1926] 1 Ch. 932, where the court considered a defence to an action for specific performance that the plaintiff had himself committed a breach of the contract. Page 942 of the decision states: Whilst it is clearly settled that a plaintiff who has committed a breach of an essential term of the agreement cannot obtain specific performance, yet this principle does not, in my opinion, extend to non-essential or trivial breaches.
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