Canada Case Law

Correa v. Valstar Homes (Oakville Sixth Line) Inc.

Court

Court of Appeal for Ontario

The Court found no reversible error: the APS unambiguously fixed the closing time at 5:00 p.m., Valstar validly terminated the APS for breach of the time is of the essence term, the subsequent $113,000 payment constituted terms of a new contract rather than an unenforceable penalty, and the appellants failed to prove economic duress; accordingly summary judgment dismissing the action for the respondent was appropriate.

Source excerpt

• Time is of the essence
• Summary judgment
• Contract interpretation
• Economic duress
• Penalty doctrine
• Costs

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Cornerstone Design Solutions Ltd. v. Ayyash

Court

Supreme Court of Nova Scotia

The motion for partial summary judgment on evidence was dismissed because there are genuine issues of material fact that must be resolved at trial concerning formation and certainty of the APS, agency (Said's authority), whether either party breached the APS (including tendering monies or deed), and whether time was of the essence; these factual disputes preclude summary disposition of the claim for specific performance and discharge of the lis pendens.

Source excerpt

• Specific performance
• Summary judgment on the evidence
• Builders lien
• Lis pendens
• Agency
• Time is of the essence

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VanderMolen Homes Inc. v. Mani

Court

Court of Appeal for Ontario

The contract became binding when the appellants waived conditions and paid the second deposit on January 26, 2022; the respondent's late acceptance did not terminate the agreement because the appellants elected to treat the contract as continuing, and the parties' subsequent conduct was admissible to show that election; accordingly the respondent was entitled to expectation damages for breach, as quantified below.

Source excerpt

• Formation of contract
• Time is of the essence
• Repudiation and election
• Subsequent conduct
• Expectation damages

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iFortune Homes Inc. v. 1011066 B.C. Ltd.

Court

Supreme Court of British Columbia

The court allowed summary trial and ordered the defendant to return a $1.5 million deposit, rejecting waiver, estoppel, anticipatory breach, and good faith defences.

• Breach of contract
• Time is of the essence
• Waiver
• Estoppel
• Anticipatory breach
• Good faith in performance

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2533619 Ontario Inc. (Calibrex Development Group) v. Lucadamo

Court

Court of Appeal for Ontario

The appellant breached the APS by failing without explanation to take steps to obtain severance approval and perform within a reasonable time; the respondent validly accepted the appellant's repudiation and treated the APS as at an end; specific performance and the relief sought were properly denied; the appeal is dismissed.

Source excerpt

• Specific performance
• Breach of contract
• Time is of the essence
• Implied term reasonable time
• Termination for repudiation
• Severance approval

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The Boxmaker, Inc. v. Prime Packaging Company

Court

Supreme Court of British Columbia

The court dismissed Boxmaker’s summary trial application, finding an evidentiary gap in the plaintiff’s materials and unresolved factual questions about credit checks and a time-sensitive order.

• Summary trial
• Breach of contract
• Time is of the essence
• Credit application and credit checks
• Counterclaim for lost profits
• Evidence and credibility

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Lal v. Grewal

Court

British Columbia Court of Appeal

Appeal allowed in a BC real estate contract case. The Court held the seller repudiated the agreement, and damages must be assessed from April 22, 2016.

• Specific performance
• Damages
• Time is of the essence
• Repudiation
• Interpretation act s.25(2)
• Specific-performance

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3 Gill Homes Inc. v. 5009796 Ontario Inc. (Kassar Homes)

Court

Court of Appeal for Ontario

The Court upheld the application judge: where electronic registration was mandatory and the APS expressly required receipt of funds by 3:00 p.m. with a 'time is of the essence' clause, funds received 35 minutes late justified the vendor's termination of the agreement; there was no unconscionability or sufficient basis for equitable relief.

Source excerpt

• Time is of the essence
• Breach of contract
• Termination
• Electronic registration
• Unconscionability
• Damages

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Schnare Fisheries Ltd. v. Cameron Fisheries Ltd.

Court

Nova Scotia Small Claims Court

Time ceased to be of the essence after the original closing date passed; the vendor failed to set a new reasonable closing date and effectively repudiated the agreement by raising the price and later selling to a third party; therefore the vendor was not entitled to retain the deposit and the purchaser was entitled to recovery; unjust enrichment for improvements failed because no evidence of increased value was shown.

Source excerpt

• Time is of the essence
• Deposit forfeiture
• Repudiation
• Specific performance
• Restitution
• Sale of goods/chattel

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Skychain Technologies Inc. v. The9 Limited

Court

British Columbia Court of Appeal

La Corte desestimó la apelación y confirmó el juicio sumario. Concluyó que la cláusula 6.3 no limitaba a The9 a daños liquidados ni impedía acelerar el reembolso.

• Liquidated damages
• Acceleration of debt
• Contract interpretation
• Summary judgment
• Events of default
• Time is of the essence

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