Is there an infinitum gratuity clause in the Agreement of Purchase and Sale?

Ontario, Canada


The following excerpt is from Logger v. Bear Inc., 2007 CanLII 2656 (ON SC):

I find that the defendant, on each letter stating a new stipulated closing date after the 18 month expiry under clause 14, was offering an amendment to the Agreement of Purchase and Sale to the plaintiff, who by her conduct, accepted each such proposal, each acceptance standing alone based on fresh representations. I find that there was no agreement, expressed in writing or implied by conduct, by which the plaintiff, as purchaser, granted an infinitum gratuity to the vendor to complete its project and provide consideration under the Agreement. Clearly, the initial promises of the defendant to have the plaintiff in the Unit by Christmas of 2004 and the extension to 24 January, 2005 exhausted even this plaintiff’s patience with the defendant. I find on the evidence that the plaintiff satisfied the requirements of being ready, willing and able to effect the closing of the contract as of 24 January, 2005. Bates v. Island Cove Development Ltd. [2003] O.J. No. 4968.

Other Questions


Does a listing agreement supersede a commission clause in a purchase and sale agreement? (Ontario, Canada)
What constitutes the "entire agreement" clause in an agreement of purchase and sale? (British Columbia, Canada)
Can a vendor rely upon the annulment clause in an agreement of purchase and sale? (Ontario, Canada)
How has the Court interpreted the Agreement of Purchase and Use of the Purchase and Sale Agreement? (Canada (Federal), Canada)
What is the meaning of the "subject to" clause in a vessel purchase agreement? (Ontario, Canada)
Does the Settlement supersede the Agreement of Purchase and Sale? (Ontario, Canada)
Is a non-competition clause in an agreement for the sale of a business enforceable? (Ontario, Canada)
Is a clause in an agreement of sale denying a purchaser the right to assign without the approval of the vendor? (Saskatchewan, Canada)
Does a vendor have to close an agreement of purchase and sale where the date of closing was to be November 30, 2003? (Ontario, Canada)
What is the test for interpretation of the Goods and Services Tax (GST) clause in a purchase and sale contract? (British Columbia, Canada)