Does time remain of the essence in a real estate transaction?
Alberta, Canada
The following excerpt is from Thickwood Real Estate Services Inc. v. Berkshire International Development Group Ltd., 2006 ABQB 144 (CanLII):
However, it is also accepted that a vendor may not insist that time remain of the essence if the vendor itself has been the cause of any delay which has resulted in the purchaser being unable to close by the agreed upon completion date. The same holds true if the vendor has acted in bad faith. See Bowlen v. Digger Excavating (1983) Ltd., 2001 ABCA 214 at paras. 18, 19 and 28.
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