How do I know if a condition in my offer is truly 'satisfied' in Ontario?
The standard for whether a condition is "satisfied" depends on how it is drafted. Most residential conditions in Ontario are drafted in the buyer's favour — they are phrased so that the buyer must be "satisfied in their sole and absolute discretion" or receive results "satisfactory to the buyer." This means the buyer has broad discretion to decide whether to waive, and is not required to demonstrate an objective failure.
However, courts have occasionally found that buyers who exercise this discretion in bad faith — for example, claiming financing fell through when it clearly did not — can be in breach of the contract. The discretion must be exercised honestly.
For a home inspection condition, "satisfied" typically means you have received the inspector's report and are comfortable proceeding. For financing, it typically means your lender has provided a firm commitment. For a status certificate, your lawyer has reviewed it and given a satisfactory opinion. In each case, make sure the condition language in your specific APS accurately reflects the standard you intended. If you are unsure whether something rises to the level of "not satisfied," speak with your lawyer before the deadline.
Key takeaways
- Most Ontario buyer conditions are subjective — satisfied "in the buyer's sole discretion."
- Discretion must be exercised honestly; bad-faith non-waiver can constitute a breach.
- For financing, "satisfied" typically requires a firm lender commitment.
- Review your specific condition language with your lawyer if there is any ambiguity.