Preface to the Second Edition

• Author: Jeffrey Berryman
• Pages: 21-22

xxi

PREFACE

to the Second Edition

The publication of this second edition has been long overdue. In the

thirteen year s since publication of the f‌irst edition there ha s been much

development in the Canadian law of equit able remedies. Much of this

development has emanated from decisions of the Supreme Court of

Canada, which, in the i ntervening period, h as ruled on the avail ability

of Anton Piller orders, spec if‌ic performa nce, equitable comp ensation, and

rectif‌ication. Beyond these subst antive equitable remedies, the Supreme

Court has also opined on a number of occa sions about the nature of

modern equity in Can ada — in effect, breathing life into equity’s dis-

tinctive methodology.

This edition is a signi f‌icant expansion of the f‌ir st edition. Apart

from incorporating developments over the last th irteen years, I have

tried to make the book more useful to practitioners, while retain ing

its utility to students of the law, by incorporating more references to

contemporary cases with salient commentar y. New to Chapter 1 is a

signif‌icant section on the maxims of equity. In Chapter 2 I have tr ied

to articulate the appropriate default test for interlocutory injunctions,

including new discussion on when it is appropriate to allow a view of

the merits of the substantive dispute to determine the interlocutory

proceedings. In Chapter 10, covering the general principles of speci f‌ic

performance, I have critiqued the current law on enforcement of keep

open clauses. Chapter 12 has been expanded to include the contempor-

ary impact of the Supreme Court of Canada’s rulings on the availabil-

ity of specif‌ic performance particularly for those who invest in l and.