Law360 Canada ( October 9, 2025, 9:36 AM EDT) -- Appeal by Nova Fish from summary trial judge’s decision. Cold Ocean agreed to sell several trout farms to Nova Fish under an Agreement of Purchase and Sale (the Agreement). The trout farms were leased on property from the provincial government. As such, sale of the fish farms was conditional on government approval. The Agreement included a clause that stated, “Time shall be of the essence of this agreement” (a TOE clause). Neither party took any steps to effectuate the Agreement until over a year later, when Nova Fish submitted transfer applications to the provincial government. The government approved these applications. Nova Fish told Cold Ocean’s solicitor of the approval, and that Nova Fish wanted to proceed to close the transaction. Cold Ocean told Nova Fish that it had not intended to proceed with the transaction. Nova Fish sued Cold Ocean seeking specific performance of the Agreement. The trial judge dismissed the application on summary trial. Nova Fish appealed. First, it submitted that the summary trial judge erred by concluding that Nova Fish breached the Agreement. Second, it claimed that even if the trial judge was correct in finding that Nova Fish breached the Agreement, he erred in finding that Cold Ocean was entitled to terminate the Agreement because of the breach. Third, Nova Fish argued that the summary trial judge erred in denying an order for specific performance and asked this Court to make this order....