Preface to the Second Edition

AuthorJeffrey Berryman
Pages21-22
xxi
PREFACE
to the Second Edition
The publication of this second edition has been long overdue. In the
thirteen years since publication of the f‌irst edition there has been much
development in the Canadian law of equitable remedies. Much of this
development has emanated from decisions of the Supreme Court of
Canada, which, in the intervening period, has ruled on the availability
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 occasions about the nature of
modern equity in Canada — in effect, breathing life into equity’s dis-
tinctive methodology.
This edition is a signif‌icant expansion of the f‌irst edition. Apart
from incorporating developments over the last thirteen years, I have
tried to make the book more useful to practitioners, while retaining
its utility to students of the law, by incorporating more references to
contemporary cases with salient commentary. New to Chapter 1 is a
signif‌icant section on the maxims of equity. In Chapter 2 I have tried
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 specif‌ic
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 land.

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