Hanson v. Cameron

Hanson v. Cameron

Majority held that by their conduct the parties waived the clause making time of the essence; the respondent's notice of cancellation was ineffective; the purchaser's tender and payment into court cured the default; the agreement created an equitable interest in the timber/land under the Forest Act and therefore the contract remained subsisting and specific performance should be decreed with the trial court to fix a reasonable time for completion and to determine outstanding quantities/amounts.

Citation
[1949] SCR 101
Parties
Appellant: Ole Hanson; Respondent: Bertha Cameron
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 October 1948
Procedural Posture
Contract Appeal / Appeal to Supreme Court of Canada From the Court of Appeal for British Columbia; Final Judgment on Specific Performance Claim
Outcome
Appeal allowed; contract declared subsisting; specific performance decreed subject to trial court fixing reasonable time for completion; costs to appellant.
Legal Topics
Specific Performance, Waiver of Time Clause, Interest in Land Under Timber Licence, Tender/payment Into Court to Cure Default, Forfeiture and Relief From Forfeiture, Method of Ascertaining Stumpage (cruise Vs Scaling)
Source Language
English
Contract Property Equity Forestry Law Specific Performance Waiver of Time Clause Interest in Land Under Timber Licence Tender/payment Into Court to Cure Default +2 more

Case Brief

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Parties

Ole Hanson

Appellant

Bertha Cameron

Respondent

Procedural Posture

Contract Appeal / Appeal to Supreme Court of Canada From the Court of Appeal for British Columbia; Final Judgment on Specific Performance Claim

Legal Issues

  1. 1 Whether parties by conduct waived clause declaring time of the essence
  2. 2 Whether a notice of default and cancellation was effective
  3. 3 Whether tender/payment into court cured the purchaser's default

Ratio Decidendi

Majority held that by their conduct the parties waived the clause making time of the essence; the respondent's notice of cancellation was ineffective; the purchaser's tender and payment into court cured the default; the agreement created an equitable interest in the timber/land under the Forest Act and therefore the contract remained subsisting and specific performance should be decreed with the trial court to fix a reasonable time for completion and to determine outstanding quantities/amounts.

Court Disposition

Appeal allowed; contract declared subsisting; specific performance decreed subject to trial court fixing reasonable time for completion; costs to appellant.

Orders

  • Declare the May 15, 1941 agreement subsisting
  • Decree specific performance and refer the matter to the trial court to fix a reasonable time for completion of logging and performance