Does the doctrine of specific performance apply where a deadline has passed even in the presence of a time is of the essence clause?
British Columbia, Canada
The following excerpt is from bcIMC Construction Fund Corporation v. Chandler Homer Street Ventures Ltd., 2008 BCSC 897 (CanLII):
The doctrine of specific performance continues to apply where a deadline has passed even in the presence of a “time is of the essence clause” where the conduct of the parties has waived the requirement to close by the given deadline and a closing date has been extended. In this regard, see Cheema v. Chan, [2004] B.C.J. (Q.L.) No. 2222 (B.C.S.C.).
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