Court Refuses To Hear Dispute Over Requisitions Due To Self-induced Urgency

Currently, the civil hearings list in Toronto is backlogged and suffering from what one Superior Court Justice has called "unacceptably long timeouts for civil motions and applications due to the effects of the pandemic and a lack of resources": Nicholas v Ogniewicz, 2021 ONSC 4442 (CanLII) at para.  13. While truly urgent matters are being heard on a case-by-case basis, parties should not expect to obtain hearings on an urgent basis for matters that don't involve the risk of physical injury, irremediable damage to property, misuse of confidential information, or the imminent failure of a business.

In the course of a real estate transaction, disputes may arise that would otherwise be amenable to judicial determination. The Vendors and Purchasers Act, for example, sets out a procedure for a court to determine the validity of requisitions submitted before closing. However, such a procedure depends on whether a hearing date will be available to hear the application.