Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 04 JUNE 2020

What Are The Applicable Time Limits When A Promise To Purchase Is Withdrawn?

Langlois Avocats
Explore more from Langlois Avocats

What to do when the buyer or seller of a property withdraws after the offer to purchase has been accepted?

CanadaReal Estate and Construction
Samuel Gagnon
Samuel Gagnon
Author LinkedIn connections

This article is a modified version of a commentary co-authored with Me Émile Marcoux and originally published by Éditions Yvon Blais in April 2020 (EYB2020REP2929).

What to do when the buyer or seller of a property withdraws after the offer to purchase has been accepted? One can pursue the matter in court to force the recalcitrant party to close the sale. This procedure, known as an "action in passing of title", must be instituted within a reasonable period of time.

In recent years, the notion of reasonable time has been a central concern of various actors in the justice system. There is no universal time limit for filing a lawsuit. While the prescriptive period is usually three years in civil matters (Art. 2925 C.C.Q.), this is not always the case. For an action in passing of title, the reasonable time period criterion is derived from case law.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Ontario’s Mandatory Annual Holdback Release Starts In 2027: What Owners And Contractors Need To Know

Starting in 2027, all Ontario project owners with contracts entered into on or after January 1, 2026, and most owners with contracts dating back to July 1, 2018, must start releasing statutory holdback to their contractors on an annual basis. This requirement is the latest in a series of construction payment reforms under Ontario’s Construction Act. It replaces the traditional model of retaining holdback until substantial performance. Owners and contractors who fail to comply with the notice and payment timelines face exposure to interest claims, payment disputes, and adjudication proceedings.
CanadaReal Estate and Construction
Miller Thomson
Miller Thomson
Article

Bill C-39: A New Framework For Federal Collective Labour Relations

Bill C-39, the Building Canada Strong Act, proposes significant amendments to the Canada Labour Code that will reshape collective bargaining timelines, ministerial intervention powers, and union certification processes for federally regulated employers. The legislation introduces new conditions for government intervention in labour disputes, accelerates bargaining deadlines for certain collective agreements, and expands obligations for airport service providers.
CanadaEmployment and HR
Langlois Avocats
Langlois Avocats
Article

Projet de loi C-39 : vers un nouvel encadrement juridique des rapports collectifs de travail au fédéral

Le projet de loi C-39 propose des modifications majeures au Code canadien du travail qui transformeraient les relations de travail dans les milieux syndiqués de compétence fédérale. Ces changements incluent un nouvel encadrement des interventions ministérielles, des négociations collectives plus hâtives et une prolongation du processus de conciliation.
CanadaEmployment and HR
Langlois Avocats
Langlois Avocats
Article

Access To Information: The Court Of Québec Rules On The Scope Of Section 22 Of The Access Act

The Court of Québec has clarified the interpretation of section 22 of Quebec's Access to Information Act, determining that public bodies need not prove "economic loss" when refusing document disclosure. The ruling addresses whether universities and other public institutions can withhold pedagogical materials and technical information when disclosure might cause losses or benefit third parties, establishing a new standard for applying access to information exceptions.
CanadaGovernment, Public Sector
Langlois Avocats
Langlois Avocats