Decorators Choice Paint Store Ltd. (Decorators) was a tenant of Innes Crossing Inc. (Innes) in Ottawa's east end since 1993, leasing a retail store of 3,600 square feet. In 2018, when Decorators began ...

The authors explore cases where the remedy of specific performance may be available, as well as certain requirements that must be satisfied in order to obtain an order of specific performance. They ...

In Bankruptcy, Rejection of Prepetition Contracts Is Not Automatic The bankruptcy court found that because the debtor was already subject to a state court-specific performance order compelling it to ...

Most M&A agreements include specific performance provisions that allow either party, under certain circumstances, to seek to have a court force the other party to comply with its contractual ...

A recent Colorado Court of Appeals decision arising out of a business investment contract gone awry contains a lengthy (100-plus page) discussion about “specific performance.” This is a remedy that ...

When negotiating the remedy for a buyer’s failure to close an acquisition, the parties typically agree to a specific performance remedy and sometimes also agree to a reverse break-up fee. In drafting ...