Fortress Carlyle Peter St. Inc. v. Ricki’s Construction and Painting Inc., 2019 ONCA 866

JurisdictionOntario
JudgeMacPherson, Pepall and Lauwers JJ.A.
Citation2019 ONCA 866
Docket NumberC66769
CourtCourt of Appeal (Ontario)
Date04 November 2019
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6 practice notes
  • Court Of Appeal Summaries (November 4 – November 8 2019)
    • Canada
    • Mondaq Canada
    • November 19, 2019
    ...McMurtry LLP 416.593.2953 Email Table of Contents Civil Decisions Fortress Carlyle Peter St. Inc. v. Ricki's Construction and Painting, 2019 ONCA 866 Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, Specific Performance, Civil Procedure, Appeals, Fresh Evidence, ......
  • Armstrong v Gula,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • June 19, 2024
    ...Underground Inc v Toronto (City), 2012 ONCA 597 at para 63; Fortress Carlyle Peter St Inc v Ricki's Construction and Painting Inc, 2019 ONCA 866 at para 34. A delay in raising the issue after a late delivery of a notice does not necessarily constitute a waiver of the time requirement or an ......
  • Block Developments Inc. v Brewers Retail Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 2, 2024
    ...Fortress Carlisle Peter St Inc. v. Ricki's Construction and Painting Inc., 2019 ONSC 1507, 89 B.L.R. (5th) 268, at paras. 99–105, aff'd 2019 ONCA 866, 98 B.L.R. (5th) 1. See also Leung v. Leung (1990) 75 O.R. (2d) 786 (Gen. Div.), citing Koffman et al v. Fischstein et al (1984), 49 O.R. (2d......
  • Deco Homes (Richmond Hill) Inc. v. Serikov,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 19, 2021
    ...400; Malatinszky v. Miri, 2020 ONSC 16; Fortress Carlyle Peter St. Inc. v. Ricki’s Construction and Painting Inc, 2019 ONSC 1507, affd. 2019 ONCA 866; Azzarello v. Shawqi , 2019 ONCA 820; Mohsin v. Empire Communities (Mount Pleasant) Ltd. 2019 ONSC 852; Time Development Group Inc. (In trust......
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3 cases
  • Deco Homes (Richmond Hill) Inc. v. Serikov, 2021 ONSC 2079
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 19, 2021
    ...400; Malatinszky v. Miri, 2020 ONSC 16; Fortress Carlyle Peter St. Inc. v. Ricki’s Construction and Painting Inc, 2019 ONSC 1507, affd. 2019 ONCA 866; Azzarello v. Shawqi , 2019 ONCA 820; Mohsin v. Empire Communities (Mount Pleasant) Ltd. 2019 ONSC 852; Time Development Group Inc. (In trust......
  • Armstrong v Gula,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • June 19, 2024
    ...Underground Inc v Toronto (City), 2012 ONCA 597 at para 63; Fortress Carlyle Peter St Inc v Ricki's Construction and Painting Inc, 2019 ONCA 866 at para 34. A delay in raising the issue after a late delivery of a notice does not necessarily constitute a waiver of the time requirement or an ......
  • Tang v. Rong, 2021 ONSC 8058
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 7, 2021
    ...agreement of purchase and sale on a motion for summary judgment. The seller appealed to the Court of Appeal. The appeal was dismissed (2019 ONCA 866). [22]        The motions judge, Perell J., found that the seller’s decision to delay informing the ......
2 firm's commentaries
  • Court Of Appeal Summaries (November 4 – November 8 2019)
    • Canada
    • Mondaq Canada
    • November 19, 2019
    ...McMurtry LLP 416.593.2953 Email Table of Contents Civil Decisions Fortress Carlyle Peter St. Inc. v. Ricki's Construction and Painting, 2019 ONCA 866 Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, Specific Performance, Civil Procedure, Appeals, Fresh Evidence, ......
  • When Time Is Of The Essence, Don't Act In Bad Faith
    • Canada
    • Mondaq Canada
    • January 7, 2020
    ...post. The Court of Appeal recently revisited this topic in Fortress Carlyle Peter St. Inc. v. Ricki's Construction and Painting Inc., 2019 ONCA 866, where it was held that a time is of the essence clause is not enforceable by a party that acts in bad In that decision, the plaintiff, Fortres......