Applicant partner’s employment terminated and compulsory retirement provision in partnership agreement triggered — Partner alleging breach of post-retirement compensation agreement — Motion for summary judgment dismissing action granted — Whether party has right to affirm where counterparty repudiates contract providing for continuous or successive obligations — Whether Court of Appeal created new exception to common law of contracts, under which a party is deprived of right to affirm a periodic payment contract and insist on future compliance in response to an anticipatory repudiation. — dismissed 04/20/2023 — Supreme Advocacy acted as agent for the Applicant.
Read the lower court decision from the ONCA here.