Notice to Remedy Breach Template for Canada

A Notice to Remedy Breach is a formal warning sent when someone breaks the terms of a contract or lease. It tells the other party exactly what they did wrong and gives them a specific time period to fix the problem before more serious action is taken.

Under Canadian contract law, this notice must clearly spell out the breach, provide reasonable time to correct it, and state what will happen if the issue isn't resolved - like ending a lease or taking legal action. It protects both sides by creating a paper trail and giving people a fair chance to make things right before escalating the dispute.

Send a Notice to Remedy Breach when your tenant, business partner, or contractor breaks an important contract term and you need the issue fixed quickly. Common triggers include missed rent payments, unauthorized property changes, broken maintenance agreements, or violations of operating hours in commercial leases.

Moving fast with this notice helps protect your legal rights under Canadian law. It creates a clear record of the problem and your attempt to resolve it fairly. This documentation becomes crucial if you later need to terminate the contract or take the matter to court. Many provinces require this formal notice step before allowing more serious legal action.

• Commercial lease breaches: Most detailed, requiring specific dates, amounts, and property details
• Residential tenancy violations: Follows provincial tenant law requirements with mandatory notice periods
• Service contract defaults: Focuses on performance standards and quality issues
• Payment default notices: Addresses missed payments with exact amounts and due dates
• Construction contract breaches: Details project milestones, safety violations, or material deviations

• Property Managers: Send notices to tenants who violate lease terms or fall behind on rent
• Business Owners: Issue notices when contractors or suppliers fail to meet contract obligations
• Landlords: Use notices to address residential or commercial tenant violations
• Legal Professionals: Draft and review notices to ensure compliance with provincial laws
• Contract Administrators: Monitor breaches and prepare notices for service agreements
• Recipients: Must respond to the notice within specified timeframes or face consequences

• Contract Review: Locate the specific clause or term being breached in the original agreement
• Documentation: Gather evidence of the breach, including dates, amounts, and relevant communications
• Timeline Details: Note when the breach occurred and calculate reasonable time for remedy
• Contact Information: Verify current addresses and proper legal names of all parties
• Delivery Method: Choose a trackable delivery option that meets provincial requirements
• Remedy Period: Set a clear, reasonable deadline that aligns with contract terms
• Record Keeping: Create copies and maintain proof of sending for your files

• Party Details: Full legal names and addresses of both sender and recipient
• Contract Reference: Date and title of original agreement being breached
• Breach Description: Clear explanation of how the contract terms were violated
• Required Remedy: Specific actions needed to fix the breach
• Deadline: Clear timeline for completing the remedy
• Consequences: What will happen if the breach isn't fixed by the deadline
• Legal Authority: Reference to relevant contract clause or law being enforced
• Signature Block: Date, name, and signature of authorized sender

A Notice to Remedy Breach differs significantly from a Notice of Default. While both deal with contract violations, they serve different purposes and timing in the enforcement process.

• Purpose and Timing: A Notice to Remedy Breach is a first step that gives the other party a chance to fix the problem, while a Notice of Default declares the contract is already in default and may trigger immediate consequences
• Opportunity to Correct: Remedy notices must include specific steps for fixing the breach and a reasonable timeline, whereas default notices typically just state the violation and consequences
• Legal Impact: A remedy notice preserves the contract relationship if the breach is fixed, but a default notice often marks the beginning of contract termination
• Required Elements: Remedy notices need detailed correction instructions, while default notices focus more on documenting the breach and stating penalties