Kwon et al. v. Cooper, (1996) 89 O.A.C. 239 (CA)
| Judge | Brooke, Robins and McKinlay, JJ.A. |
| Court | Court of Appeal (Ontario) |
| Case Date | January 17, 1996 |
| Jurisdiction | Ontario |
| Citations | (1996), 89 O.A.C. 239 (CA) |
Kwon v. Cooper (1996), 89 O.A.C. 239 (CA)
MLB headnote and full text
Myung Kap Kwon and 838603 Ontario Inc. (plaintiffs/respondents) v. Alec Cooper (defendant/appellant)
(C20801)
Indexed As: Kwon et al. v. Cooper
Ontario Court of Appeal
Brooke, Robins and McKinlay, JJ.A.
January 23, 1996.
Summary:
Neither the vendors nor the purchasers in a real estate transaction were ready to close on the date set for closing. The vendors argued that because neither party was ready, willing and able to close, the contract provision stipulating that time was of the essence did not apply and either party could set a new and reasonable closing date.
The Ontario Court of Appeal rejected the vendor's argument.
Sale of Land - Topic 6052
Completion - Time - Whether time for completion or closing was of the essence -[See Sale of Land - Topic 6061 ].
Sale of Land - Topic 6061
Completion - Time - Time of the essence - The vendors in a real estate transaction argued that by virtue of the Ontario Court of Appeal's decision in King v. Urban Country Transport, "if neither party is ready, willing and able to close on the date set for closing a real estate transaction, the provision in the contract that time is of the essence does not result in an end to the contract, and either party may set a new and reasonable date for closing" - The Ontario Court of Appeal rejected the vendor's argument - The court stated that the vendor was precluded from relying on the King case where it took the position prior to closing that it would stand on the strict terms of the contract, and it would sue the purchaser for damages if closing were not accomplished on the required day.
Cases Noticed:
King v. Urban & Country Transport Ltd. (1973), 1 O.R.(2d) 449 (C.A.), refd to. [para. 1].
Counsel:
Maxwell M. Steidman, Q.C., for the appellant;
Harvey T. Strosberg, Q.C., for the respondents.
This appeal was heard on January 17, 1996, before Brooke, Robins and McKinlay, JJ.A., of the Ontario Court of Appeal. The following judgment was endorsed on the appeal record by the Court of Appeal and released on January 23, 1996.
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Ontario Court Of Appeal Summaries (September 9 13 2019)
...failed to establish that the respondent was ready, willing, and able to close on the closing date. The decision in Kwon v Cooper (1996), 89 OAC 239 (CA) establishes that if a vendor insists on closing on a certain date and subsequently fails to be ready, willing, and able to close as schedu......
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The Rosseau Group Inc. v. 2528061 Ontario Inc.,
...decisions in Domicile Developments v. MacTavish (1999), 120 O.A.C. 375 (C.A.) (“Domicile”); Kwon v. Cooper (1996), 89 O.A.C. 239 (C.A.) (“Kwon”); and 1179 Hunt Club Inc. v. Ottawa Medical Square Inc., 2019 ONCA 700, 6 R.P.R. (6th) 173 (“Hunt Club......
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1179 Hunt Club Inc. v. Ottawa Medical Square Inc., 2018 ONSC 6200
...the vendor itself was not ready, willing and able to close as scheduled (Domicile Developments at para. 14 citing Kwon v. Cooper (1996), 89 O.A.C. 239 (Ont. C.A.)). The Court of Appeal in Kwon concluded that by his own instance, the vendor had precluded himself from relying on the law set o......
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Domicile Developments Inc. v. MacTavish, (1999) 120 O.A.C. 375 (CA)
...et al. v. Urban & Country Transport Ltd. et al. (1974), 1 O.R.(2d) 449 (C.A.), refd to. [para. 10, footnote 4]. Kwon v. Cooper (1996), 89 O.A.C. 239 (C.A.), refd to. [para. 14, footnote Authors and Works Noticed: Perell and Engell, Remedies and the Sale of Land (2nd Ed. 1998), p. 47 [pa......
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The Rosseau Group Inc. v. 2528061 Ontario Inc.,
...decisions in Domicile Developments v. MacTavish (1999), 120 O.A.C. 375 (C.A.) (“Domicile”); Kwon v. Cooper (1996), 89 O.A.C. 239 (C.A.) (“Kwon”); and 1179 Hunt Club Inc. v. Ottawa Medical Square Inc., 2019 ONCA 700, 6 R.P.R. (6th) 173 (“Hunt Club......
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1179 Hunt Club Inc. v. Ottawa Medical Square Inc., 2018 ONSC 6200
...the vendor itself was not ready, willing and able to close as scheduled (Domicile Developments at para. 14 citing Kwon v. Cooper (1996), 89 O.A.C. 239 (Ont. C.A.)). The Court of Appeal in Kwon concluded that by his own instance, the vendor had precluded himself from relying on the law set o......
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Domicile Developments Inc. v. MacTavish, (1999) 120 O.A.C. 375 (CA)
...et al. v. Urban & Country Transport Ltd. et al. (1974), 1 O.R.(2d) 449 (C.A.), refd to. [para. 10, footnote 4]. Kwon v. Cooper (1996), 89 O.A.C. 239 (C.A.), refd to. [para. 14, footnote Authors and Works Noticed: Perell and Engell, Remedies and the Sale of Land (2nd Ed. 1998), p. 47 [pa......
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1179 Hunt Club Inc. v. Ottawa Medical Square Inc., 2019 ONCA 700
...light of that insistence, because the vendor was not ready on November 28, the agreement came to an end. She relied on Kwon v. Cooper (1996), 89 O.A.C. 239 (C.A.), leave to appeal refused, [1996] S.C.C.A. No. 142, where the vendor’s insistence that the closing occur on the scheduled date an......
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Ontario Court Of Appeal Summaries (September 9 13 2019)
...failed to establish that the respondent was ready, willing, and able to close on the closing date. The decision in Kwon v Cooper (1996), 89 OAC 239 (CA) establishes that if a vendor insists on closing on a certain date and subsequently fails to be ready, willing, and able to close as schedu......