Does the court have the power to extend the time for specific performance of the purchasers covenant under the agreement for sale?

British Columbia, Canada


The following excerpt is from Hull v. Bourelle, 1983 CanLII 581 (BC SC):

Has the court the power in these circumstances to extend the time for specific performance of the purchasers' covenant under the agreement for sale? In Davidson v. Sharpe, 1920 CanLII 83 (SCC), 60 S.C.R. 72, [1920] 1 W.W.R. 888, 52 D.L.R. 186, Anglin J. stated at pp. 84-85: The anomalies introduced by courts of equity in regard to the relations between mortgagor and mortgagee do not exist in regard to vendor and purchaser. A judgment or order declaring that on the happening of a certain event an agreement for sale shall be cancelled and at an end means precisely what it says and not merely that the plaintiff shall thereupon be entitled to have it cancelled and put an end to. When the purchaser under the order of the learned Chief Justice of British Columbia made default the agreement ceased to exist and the foundation for any right of personal recovery from the purchaser (except for costs) was gone. The purchaser thereafter had no further right to the land and the court has no jurisdiction to restore him to his former position. The vendor has the land. He cannot have the purchase money also.

Other Questions


Does a purchaser have a right to resile from a contract of purchase and sale if the purchaser fails to complete the purchase at the agreed price? (British Columbia, Canada)
How have the courts dealt with a specific performance claim for specific performance? (British Columbia, Canada)
In what circumstances will a court order that the proceeds of a sale of machinery be returned to the court as proceeds of the sale of the machinery for damages? (British Columbia, Canada)
What is the test for specific performance of an agreement to purchase a residential property? (British Columbia, Canada)
What is the test for specific performance in a contract of purchase and sale? (British Columbia, Canada)
Is specific performance a presumptive remedy for the purchase and sale of real estate? (British Columbia, Canada)
How have the courts in BC dealt with the issue of an oral agreement to modify the terms of a purchase and sale contract? (British Columbia, Canada)
What is the test for specific performance of a contract for the purchase and sale of a residential property? (British Columbia, Canada)
What constitutes the "entire agreement" clause in an agreement of purchase and sale? (British Columbia, Canada)
Is it fatal to a specific performance claim for specific performance that the contracting party, and sole named plaintiff, cannot and does not provide any evidence that touches on the reasons why the property is unique to her? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.