Tang v. Rong, 2021 ONSC 8058 Background In Tang v. Rong (2021 ONSC 8058), the Ontario Superior Court considered what happens when a real estate deal doesn’t close on time, …
When “Time Is of the Essence”
Pre-construction 2012 – 2016 Deangelis v. Weldan Properties (Haig) Inc. Background In Deangelis v. Weldan Properties (Haig) Inc. (2017 ONSC), the purchasers, Christopher and Pasquale Deangelis, agreed to buy a …
You cannot Mislead other Parties about Time Limits
Drag v. Mehta, 2024 ONCA 334 (Court of Appeal) Facts Bernard Drag (seller) and Rohit Mehta (buyer) entered into an Agreement of Purchase and Sale (APS) on December 2, 2020 …
Bad Faith and the “Time of the Essence” Clause
Fortress Carlyle Peter St. Inc. v. Ricki’s Construction and Painting Inc. (2019 ONCA 866) In real estate transactions, timing can be everything, but not when one party acts in bad …
Premature Termination by Builder and Bad Faith
More v. Seiko Homes (2023 ONCA 527) Introduction Real estate transactions often hinge on one critical date ,the closing date. But what happens when one party ends the deal too …
Good Faith and Time is of the Essence
There have been some real estate cases which cite the good faith Bhasin case. Consider the following for closing-failures (or “time is of the essence” / good-faith) cases that engage …
Mason v. Freedman (1958): Good Faith Contracts
When a Spouse Refuses to Bar Dower Many will think that the Supreme Court of Canada introduced good faith into contracts in Bhasin v. Hrynew (2014), however, it’s important to …
Fraser-Reid v. Droumtsekas — The Builder’s Promise Still Counts
When Dr. and Mrs. Fraser-Reid bought a brand new home in Waterloo, they thought everything was done right. The house looked finished, but soon after moving in, the basement flooded. …
Letters of Intent and the Duty of Good Faith
Introduction In commercial transactions, parties often begin with a Letter of Intent (LOI) before entering a final, binding agreement. But does the duty of good faith apply to these preliminary …
Confirmation of Acceptance is not Part of the Agreement
Question: If the Confirmation of Acceptance line was signed by the Landlord but they missed the Binding Agreement acceptance line… do you leave as is, knowing all parties are in …