What is the test for reinstating time of the essence?
Ontario, Canada
The following excerpt is from AgriMarine Holdings Inc. v. Akvatech AS, 2018 ONSC 7768 (CanLII):
The rule from King v. Urban & Country Transport[8] allows a party who has let time of the essence to be suspended to reinstate time of the essence by giving notice: (1) clearly bringing 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.[9]
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