This case concerns a contract between two parties.  The exceptio non adimpleti contractus requires that obligations under the contract be reciprocal.

This would mean that non-performance by one party would allow for the non-performance of another. Therefore, when Grand Mines paid for the coal did Bercon have an obligation to rehabilitate the mine?

It was found that the obligations were not reciprocal as what the parties had contracted was clear in the terms of their agreement.

The appeal brought by Grand Mines was dismissed.