Call us: (905) 366 9700

Legal Blog

Time of Essence

Posted on November 11, 2019 | Posted in Five Liners, Real Estate

1179 Hunt Club Inc. v. Ottawa Medical Square Inc. 2019 Ont CA

Purchaser repudiated an agreement of purchase and sale by indicating that he would not be able to close on the set closing date. Vendor did not accept that repudiation and indicated that it expected the purchaser to close as scheduled. On the closing date, because of a problem with title, vendor was not able to close, but was able to close the next day. Vendor sued for the deposit and for damages. The court relied on the 1974 Court of Appeal decision in King v. Urban to conclude that, since neither party was ready to close on the date scheduled for closing and neither party set a new closing date, the agreement was terminated and the vendor had no right to the deposit or damages.


Jonathan Speigel


Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.


Download our free checklist:

“10 Questions to ask before hiring a law firm”


Speigel Nichols Fox LLP