Purchasers suing land developer for damages for breach of contract — Land developer seeking summary judgment dismissing action based on clause excluding liability for damages resulting from termination — Summary judgment granted — Whether a party can derogate from or contract out of their obligation of good faith performance — Whether proper interpretation of contractual addendum required by regulation precludes derogation from or contracting out of good faith performance obligation contained therein — Whether an exculpatory clause can be interpreted to shield a party from its obligation of good faith performance absent express words to that effect. — dismissed 01/20/2022 — Supreme Advocacy acted as agent for the Applicant.

Read the lower court decision from the ONCA here.