Time is of the Essence – Affected by “Good Faith” Doctrine #302

Legally Speaking

By Gerry NeelyB.A., LL.B. The decision in the Beka v. Share case referred to in the preceding Column #301 was based upon the judge’s conclusion that the parties, by agreeing to fix a new date, had waived time is of the essence. The “time is of the essence” clause raises another issue that may affect the rights of

Subdivision Plan Not Registered By Completion Date #301

Legally Speaking

By Gerry NeelyB.A., LL.B. A decision made January 29, 1999 now gives us three decisions since 1983, each of which involved the sale of a lot to be created upon the registration of a plan of subdivision of a larger parcel. The issue in each case was whether a seller could force the completion of sale