What is the test for reinstate time of the essence?
Ontario, Canada
The following excerpt is from Malka v. Racz, 2022 ONSC 1362 (CanLII):
The rule from King v. Urban & Country Transport allows a party who has let time of the essence go by to reinstate time of the essence. In the normal case, this will be achieved by giving notice: (1) clearly bring home to the other party that time of the essence is being reinstated; and (2) fixing a new date for closing, which new date must be reasonable in the particular circumstances.[6]
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