“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”
“‘as promptly as practicable doesn't allow you to sit on your obligations for 16 months’”
Supreme Court of Canada Hearings (English Audio) · Cold Ocean Salmon Inc. v. Nova Fish Farms Inc. (42032)
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What was described
used a “as promptly as practicable” clause without a fixed deadline, relying on the trial judge’s finding that it does not allow a 16-month delay, thereby treating the clause as a breach when performance is unreasonably delayed
16 months
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