Preface to the Second Edition

AuthorJeffrey Berryman
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.

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