Can a court relieve against cancellation of an agreement for sale where the conditions set out in the agreement have been met?
British Columbia, Canada
The following excerpt is from Oxford Dev. Group Ltd. v. Tahsis Estates Ltd., 1984 CanLII 337 (BC SC):
I earlier referred to a number of authorities which support the view that the court has no power to relieve against the cancellation of an agreement for sale, where the conditions for cancellation set out in the agreement have been met. In particular, it was held in Lieuwen v. 202 Invt. Ltd., supra, that s. 21.1(1) of the Law and Equity Act does not permit the court to grant relief from cancellation of an agreement for sale, on the ground that the section applies only to acceleration clauses, that is to cases where "the payment of money or doing of anything is or may be required at an earlier time than would be the case if the default has not occurred".
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