What is the test for enforcing an option for the sale of land?
Ontario, Canada
The following excerpt is from Welsh v. Karangongou, 2018 ONSC 804 (CanLII):
In Pierce v. Empey, 1939 CanLII 1 (SCC), [1939] S.C.R. 247, Duff C.J.C. wrote as follows: It is well settled that a plaintiff invoking the aid of the court for the enforcement of an option for the sale of land must show that the terms of the option as to time and otherwise have been strictly observed. The owner incurs no obligation to sell unless the conditions precedent are fulfilled or, as the result of his conduct, the holder of the option is on some equitable ground relieved from the strict fulfilment of them. [Authorities omitted.]
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