Does an extension of time given in a contract when the original date was not set out as an absolute waiver of time?
Alberta, Canada
The following excerpt is from Kapchinsky v. Begam Holdings Ltd., 1982 CanLII 1150 (AB QB):
In Barclay v. Messenger (1874), 43 L.J. Ch. 449, it was held that an extension of time given in a contract wherein time was agreed to be of the essence, does not operate as an absolute waiver of that condition but merely substitutes the new date for the original one.
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