Maida v. Dalewood Investments Ltd., [1985] 1 S.C.R. 568

Domenic Maida     Appellant;

and

Dalewood Investments Limited     Respondent.

File No.: 17578.

1985: April 29, 30; 1985: May 9.

Present: Dickson C.J. and Beetz, McIntyre, Chouinard, Lamer, Le Dain and La Forest JJ.

on appeal from the court of appeal for ontario

                   Real property ‑‑ Agreement to purchase ‑‑ Closing date passed ‑‑ No steps taken to postpone closing date despite right to do so ‑‑ Time of the essence.

                   APPEAL from a judgment of the Ontario Court of Appeal (1982), 40 O.R. (2d) 472, dismissing an appeal from a judgment of R. E. Holland J. declaring an agreement of purchase and sale of land to be void. Appeal dismissed.

                   P. B. C. Pepper, Q.C., and Susan E. Paul, for the appellant.

                   Burton Tait, Q.C., and Gerald P. Sadvari, for the respondent.

                   The following is the judgment delivered by

1.                The Court‑‑We are all of the view that Mr. Pepper's motion for leave to amend the pleadings should be dismissed.

2.                We are all also of the opinion that the appeal should be dismissed with costs. The closing date provided by the agreement of purchase was January 21, 1970. The appellant had the right to postpone the closing date but took no steps to do so. The agreement expressly provided that time is of the essence. Any other interpretation would leave the agreement open for an indefinite period. Under these circumstances it becomes unnecessary to discuss the other issues raised in the courts below.

                   Appeal dismissed with costs.

                   Solicitor for the appellant: P. B. C. Pepper, Toronto.

                   Solicitors for the respondent: McCarthy & McCarthy, Toronto.