Re-inspection Before Closing (Ontario)


Does an executory contract give the right to re-inspect prior to closing? Even following the Harkness case, some lawyers do not think the case is decisive enough.


There is a reference to the BC case in 2014 which expanded the application. Some people thought Harkness V. Cooney was going to be interpreted in a very narrow fashion. Others said “no”. This case in Chaston v. Este would support the broader interpretation view, which now appears to be the most popular view.

Nevertheless, why not simply clarify the issue “in words” in the Agreement?

Brian Madigan LL.B., Broker

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