Can a vendor rely on a “time is of the essence” provision in an agreement where the vendor has waived his right to rely on such a provision?
Saskatchewan, Canada
The following excerpt is from Dixon v. Wiebe, 1979 CanLII 2262 (SK QB):
Craig J., at pp. 379-80, then made the following references to Woels v. Mashinter, supra: “In Woels v. Mashinter, Steer J. stated that the vendor who has waived the right to rely on a ‘time is of the essence’ provision may rely on such a provision subsequently only if he apprises the other party of his intention to henceforth rely on such a provision . . . “Moreover, I agree with the statement of Steer J. in the Woels case, supra, that a vendor having waived his right to rely on a ‘time is of the essence’ provision in an agreement cannot rely on such a provision with regard to future defaults unless he specifically advises the purchaser of his intention to do so.”
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