If a contractor drafted a contract drafted to be completely unenforceable, when the contractor has not completed the job, can the contract still be enforceable?
Ontario, Canada
The following excerpt is from Runciman v Wilkins, 2018 CanLII 110985 (ON SCSM):
52. Given the City’s response to this project, it was not for an illegal purpose: it appears that the City of Ottawa will ultimately approve this project. No one was charged under the Building Code. The permit application process was circumvented to save time, but it ultimately has to be complied with. Nzeadibe v. Khan mentions unfair double benefits. If I were to hold the contract drafted by the plaintiff to be completely unenforceable, when he had not completed the job, then the defendant would be without remedy in contract for the plaintiff’s deceit and dilatory conduct.
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