What is the test for allowing access to a deficiency to rectify deficiencies?
Nova Scotia, Canada
The following excerpt is from G C Lobster Ltd. v. B Atkinson Boat Builders Limited, 2019 NSSC 342 (CanLII):
Allowing access to rectify deficiencies, to the extent reasonable, is also relevant to the question of mitigation of damages: Rocksolid v. Bertolissi, 2013 ONSC 7343, at paras 91 and 92. ISSUE 5: DID ANY BREACHES AMOUNT TO REPUDIATION OR MUTUAL REPUDIATION?
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