The plaintiffs brought a motion for summary judgment seeking specific performance of an Agreement of Purchase and Sale for a lakefront property.
The transaction failed to close after disputes arose regarding the vendor's non-resident tax holdback and the lack of legal access over a private road.
The court found that because neither party was ready to close on the agreed date, time was no longer of the essence and the contract remained valid.
Given the unique characteristics of the property, the court ordered specific performance, set a new closing date, and directed a mini-trial for the remaining damages claims.
