“‘as promptly as practicable doesn't allow you to sit on your obligations for 16 months’”
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Said on Supreme Court of Canada Hearings (English Audio)
“If parties added language to 8.1 that said, as promptly as practicable and time is of the essence, the meaning of time of the essence would be fixed and give the innocent party a right to terminate”
Supreme Court of Canada Hearings (English Audio) · Cold Ocean Salmon Inc. v. Nova Fish Farms Inc. (42032)
Play from 20:53
20:53
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What was described
proposed adding explicit language to clause 8.1 - “as promptly as practicable” - that also states “time of the essence” to make the clause enforceable as a termination right
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