Khela v. Clarke

JurisdictionBritish Columbia
CourtSupreme Court of British Columbia (Canada)
JudgeHonourable Mr. Justice Bernard
Neutral Citation2021 BCSC 503
Citation2021 BCSC 503
Docket NumberS215545
Date19 March 2021

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7 practice notes
  • Specific Performance: Discretionary Defences and Considerations that Affect Discretion
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...was void, then there was no way a party could hold a reasonable expectation that there was any other way that a 41 Khela v Clarke , 2021 BCSC 503 [ Khela ]. Speciic Performance: Discretionar y Defences and Considerations 447 transfer could be efected. In addition, the actions of the vendor ......
  • Table of cases
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...108 Khan v Taji, 2020 ONSC 6704 .............................................................................477 Khela v Clarke, 2021 BCSC 503 ................................................................. 446, 457 Kim v Trump, 2014 ONSC 2129 ...................................................
  • No. 151 Cathedral Ventures Ltd Dba Summerland Beach R.v Park & Campground v McAllister
    • Canada
    • Supreme Court of British Columbia (Canada)
    • February 3, 2025
    ...to applying promissory estoppel is a finding that there was an existing legal relationship between the parties: Khela v. Clarke, 2021 BCSC 503 at para. 106, aff'd 2022 BCCA 71. As noted in Khela at para. 106, citing Ecobase Enterprises Inc. v. Mass Enterprise Inc., 2017 BCCA 29 [ Ecobase], ......
  • Kim v Argo Ventures Inc.
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 6, 2024
    ...G.H.L. Fridman, Q.C., The Law of Contracts in Canada, 6th ed (Toronto: Thomson Reuters Canada Limited, 2011) at 17–25; Khela v. Clarke, 2021 BCSC 503 at para. 83, aff'd 2022 BCCA 71. A contractual provision may be so vague that it will fail to be enforceable on the grounds of uncertainty: M......
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5 cases
  • No. 151 Cathedral Ventures Ltd Dba Summerland Beach R.v Park & Campground v McAllister
    • Canada
    • Supreme Court of British Columbia (Canada)
    • February 3, 2025
    ...to applying promissory estoppel is a finding that there was an existing legal relationship between the parties: Khela v. Clarke, 2021 BCSC 503 at para. 106, aff'd 2022 BCCA 71. As noted in Khela at para. 106, citing Ecobase Enterprises Inc. v. Mass Enterprise Inc., 2017 BCCA 29 [ Ecobase], ......
  • Kim v Argo Ventures Inc.
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 6, 2024
    ...G.H.L. Fridman, Q.C., The Law of Contracts in Canada, 6th ed (Toronto: Thomson Reuters Canada Limited, 2011) at 17–25; Khela v. Clarke, 2021 BCSC 503 at para. 83, aff'd 2022 BCCA 71. A contractual provision may be so vague that it will fail to be enforceable on the grounds of uncertainty: M......
  • Kaup v Landrex Hunter Ridge Inc.
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • September 27, 2023
    ...of the parties' relationship are not severable; they vitiate the entire agreement: Hotchkiss #2 at para 12, citing Khela v Clarke, 2021 BCSC 503. Further, in Ko, the Alberta Court of Appeal held that the Court may sever if the subject matter is separable (at para 155). In Hole v Hole, ......
  • Kim v Argo Ventures Inc.
    • Canada
    • Court of Appeal (British Columbia)
    • October 17, 2025
    ...restrictive covenants. I will begin my analysis by referring to Shafron, which sets out the principles identified in Khela v. Clarke, 2021 BCSC 503 [ Khela SC] that lead to the conclusion that blue-pencil severance of this exclusionary clause was not available Severance of an uncertain term......
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2 books & journal articles
  • Specific Performance: Discretionary Defences and Considerations that Affect Discretion
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...was void, then there was no way a party could hold a reasonable expectation that there was any other way that a 41 Khela v Clarke , 2021 BCSC 503 [ Khela ]. Speciic Performance: Discretionar y Defences and Considerations 447 transfer could be efected. In addition, the actions of the vendor ......
  • Table of cases
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...108 Khan v Taji, 2020 ONSC 6704 .............................................................................477 Khela v Clarke, 2021 BCSC 503 ................................................................. 446, 457 Kim v Trump, 2014 ONSC 2129 ...................................................