Eastwalsh Homes Ltd. v. Anatal Developments Ltd
|
Issues
Was there a breach of contract due to the failure of Anatal to have the plan of subdivision registered by using its “best efforts”?
If so, was there a reasonable probability that Anatal would have achieved registration of the plan of subdivision before the date stipulated?
What damages should Eastwalsh receive?
Ratio
Damages for loss of chance will be awarded only when a plaintiff can establish a reasonable probability that a benefit would have been realized
if the contract were performed.
Proof of loss of a mere chance is not enough; the plaintiff must prove on a balance of probabilities that the chance lost constitutes an advantage of some real substantial monetary value.
|
