Does the time essence clause in a construction application waiver apply if the completion date of the project is merely postponed, without more than two months?
British Columbia, Canada
The following excerpt is from Wanson (Bristol) Development Ltd. v. Bloor, 2014 BCSC 312 (CanLII):
In a similar situation, Davies J. in Khangura v. Triple R. Construction (Unreported August 19, 1996, New Westminster, Registry Action No. S021079) held that no waiver of the time of essence clause ensues if the completion date is merely postponed, without more (see paras. 15-19).
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