Kwon et al. v. Cooper

• Jurisdiction: Ontario
• Court: Court of Appeal (Ontario)
• Judge: Brooke, Robins and McKinlay, JJ.A.
• Citation: (1996), 89 O.A.C. 239 (CA)
• Date: 17 January 1996
• Subject Matter: SALE OF LAND

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.