What is the test for a contract where there is no "time is of the essence" clause in the contract?
Ontario, Canada
The following excerpt is from T.G. Appliance Group v Legend Homes, 2016 ONSC 7802 (CanLII):
The plaintiff submits that where there is no “time is of the essence” clause in the contract, the contract remains in force and another date can be fixed for closing by either side, providing reasonable notice is given. For this proposition they rely on page 4 of the unreported case of Feeley v. Halliday, a December 16, 1977 endorsement of Justice Cromarty.
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