Facts

• Contribution Agreement (CA): The parties agreed to develop a 41-storey condominium. The Plaintiff needed to obtain land severance by a specific date but failed.
• Dispute: The Plaintiff alleged the Defendant misled them about the severance date's importance, continuing the project and waiving termination rights.

Issues

1. Good Faith and Honest Performance: Did the Defendant breach its duty?
2. Waiver: Did the Defendant waive the severance condition?
3. Unjust Enrichment: Was the Defendant unjustly enriched by the Plaintiff's efforts?

Court Findings

• Good Faith: The Defendant did not breach its duty. The Plaintiff ignored the severance date and did not fulfill its obligation.
• Waiver: The Defendant did not waive the severance condition. No clear intention to waive was demonstrated.
• Unjust Enrichment: The Defendant was not unjustly enriched, as the Plaintiff’s expenses were part of their contractual obligations.

Decision

• Outcome: The court dismissed the Plaintiff’s action.
• Costs: The parties were encouraged to agree on costs or submit written submissions if an agreement could not be reached. No monetary award specified.