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ARTICLE · 31 AUGUST 2021

Self-Induced Urgency Is Not "Urgent"

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That was the opening line, and the ultimate decision from Hon. Justice Myers in Nicholas v Ogniewicz, 2021 ONSC 4442.

CanadaReal Estate and Construction
Christopher Ferencz
Christopher Ferencz
Simon Crawford
Simon Crawford
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"Self-induced urgency is not "urgent"."

That was the opening line, and the ultimate decision from Hon. Justice Myers in Nicholas v Ogniewicz, 2021 ONSC 4442. The case involved an application by the purchaser for a one-hour urgent hearing under the Vendors and Purchasers Act, RSO 1990, c. V.2 to determine the validity of a series of particularly onerous requisitions submitted on behalf of the purchaser in a recent real estate transaction. The urgent application was ultimately denied on the basis that there was (1) no risk of physical injury; (2) no risk to the property of irremediable waste; (3) no confidential information at risk of disclosure or misuse; and (4) no business at risk of irreparable harm.

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