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ARTICLE · 09 MARCH 2016

Lessons From The Trenches: Tips And Traps For The Wary

The law of time of the essence presents conflicting authorities and ancient case law to be revisited and explained in a modern context.

CanadaReal Estate and Construction

Time is of the Essence - Again

In 1990, Paul Perell wrote the following introduction to his article "Putting Together The Puzzle Of Time Of The Essence" for The Canadian Bar Review:

The law of time of the essence presents conflicting authorities and ancient case law to be revisited and explained in a modern context. There have been advances and reversals in the jurisprudence and some unasked and unanswered questions.1

Approximately 16 years after his article, Paul Perell, as a Superior Court Judge once again dealt with time of the essence issues in Shapiro (c.o.b. ISR Ent. in Trust) v. 1086891 Ontario Inc.2 where he referred to Remedies and the Sale of Land (2nd ed) (Toronto: Butterworths, 1998) which he co-authored with B.H. Engel.

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