Fortress Carlyle Peter St. Inc. v. Ricki’s Construction and Painting Inc.
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | MacPherson, Pepall and Lauwers JJ.A. |
| Citation | 2019 ONCA 866 |
| Date | 04 November 2019 |
| Docket Number | C66769 |
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7 practice notes
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Court Of Appeal Summaries (November 4 November 8 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, ......
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Armstrong v Gula
...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 ......
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Block Developments Inc. v Brewers Retail Inc.
...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......
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Deco Homes (Richmond Hill) Inc. v. Serikov
...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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5 cases
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Armstrong v Gula
...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 ......
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Block Developments Inc. v Brewers Retail Inc.
...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......
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Deco Homes (Richmond Hill) Inc. v. Serikov
...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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La Caille North Point Inc. v 2160806 Alberta Ltd and Harmandeep Arora
...acting on improper or ulterior motives: Fortress Carlyle Peter St Inc v Ricki's Construction and Painting Inc, 2019 ONSC 1507, aff'd 2019 ONCA 866; Leung v Leung, 75 OR (2d) 786 (Ont. Gen. Div.). One example would be delaying a closing in order to be able to take advantage of a rapidly risi......
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2 firm's commentaries
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Court Of Appeal Summaries (November 4 November 8 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, ......
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When Time Is Of The Essence, Don't Act In Bad Faith
...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......