How have courts considered an allegation of breach based on a vendor’s actions prior to the completion date?
British Columbia, Canada
The following excerpt is from Grewal v Lal, 2021 BCSC 844 (CanLII):
In Hundley v. Garnier, 2011 BCSC 414 at paras 161-173 (aff’d 2012 BCCA 199), the court considered an allegation of breach based on a vendor’s actions prior to the completion date. Even despite the vendor’s unhappiness efforts to avoid communication, and the mix up with their representation by a lawyer, the court was unable to conclude that they had said or done anything that would amount to a clear repudiation.
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