563689 Ontario Limited v. Two Saint Clair Holdings Limited

The Court upheld the trial judge's finding that the tenant's identity was a material, essential term and that the parties did not reach consensus ad idem on that issue; therefore no binding agreement was formed.

Citation: C40150
Parties: Plaintiff (appellant): 563689 Ontario Limited t/a Chic Paris; Defendant (respondent): Two Saint Clair Holdings Limited; Defendant (respondent): Dundee Realty Management Corporation
Court: Court of Appeal for Ontario
Jurisdiction: Canada
Judgment Date: 2 November 2004
Procedural Posture: Civil Collection/contract / Appeal From Trial Judgment
Outcome: Appeal dismissed
Legal Topics: Consensus Ad Idem, Offer and Acceptance, Identity of Contracting Party, Binding Agreement, Costs
Source Language: English

Civil Contract Property Collection Consensus Ad Idem Offer and Acceptance Identity of Contracting Party Binding Agreement +1 more

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Parties

563689 Ontario Limited t/a Chic Paris

Plaintiff (appellant)

Two Saint Clair Holdings Limited

Defendant (respondent)

Dundee Realty Management Corporation

Defendant (respondent)

Procedural Posture

Civil Collection/contract / Appeal From Trial Judgment

Legal Issues

1 Whether the identity of the tenant was an essential term of the alleged agreement
2 Whether the parties reached a consensus ad idem on that essential issue
3 Whether a binding agreement was formed

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed
Costs to the respondent fixed on a partial indemnity basis at $5,000 inclusive of G.S.T. and disbursements