In which cases have the right of waiver of a financing condition been exercised, in which the purchaser exercised the waiver by the purchaser?

Alberta, Canada


The following excerpt is from Ed Sinclair Construction & Suppliers Ltd. v. Grunthaler, 1979 ABCA 218 (CanLII):

In cases, cited by counsel, in which the right of waiver of a financing condition had been exercised, notice of waiver by the purchaser was, in each case, timely. I will show, presently, that the matter of timely notice is the weakness of the Sinclair position in this appeal. For that reason it becomes unnecessary to analyze each of the appellant's authorities although I confess to some difficulty reconciling the reasoning leading to the decision in some of these authorities with the rule in Turney v. Zhilka.

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