McLellan Properties Limited v. Antoine Roberge and L.D. Roberge

McLellan Properties Limited v. Antoine Roberge and L.D. Roberge

Because the option executed by the attorney was not void in law, the executor who had full knowledge and who took control of completion could ratify the attorney's act; that ratification related back to the date of the option and constituted a sufficient memorandum under the Statute of Frauds, entitling the...

Source-derived case information.

Citation
[1947] SCR 561
Parties
Defendant/appellant: McLellan Properties Limited; Plaintiff/respondent; Executor and Trustee: Antoine Roberge; Plaintiff/respondent; Life Tenant and Attorney Under Power of Attorney: L.D. Roberge
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 October 1947
Procedural Posture
Appeal; Specific Performance Action Concerning Sale of Estate Realty / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal allowed with costs; judgment of the trial judge ordering specific performance restored
Legal Topics
Delegation by Trustee, Ratification of Agent's Acts, Statute of Frauds (memorandum Requirement), Option to Purchase, Specific Performance, Conveyancing and Law of Property Act Interpretation
Source Language
english
Trust Property Equity Agency Delegation by Trustee Ratification of Agent's Acts Statute of Frauds (memorandum Requirement) Option to Purchase +2 more

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Parties

McLellan Properties Limited

Defendant/appellant

Antoine Roberge

Plaintiff/respondent; Executor and Trustee

L.D. Roberge

Plaintiff/respondent; Life Tenant and Attorney Under Power of Attorney

Procedural Posture

Appeal; Specific Performance Action Concerning Sale of Estate Realty / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether a trustee can be bound by an option or sale negotiated and executed by his attorney under a power of attorney
  2. 2 Whether an act by an attorney that would otherwise be an improper delegation is void in law and incapable of ratification by the trustee
  3. 3 Whether there existed a sufficient memorandum in writing to satisfy the Statute of Frauds

Ratio Decidendi

Because the option executed by the attorney was not void in law, the executor who had full knowledge and who took control of completion could ratify the attorney's act; that ratification related back to the date of the option and constituted a sufficient memorandum under the Statute of Frauds, entitling the purchaser to specific performance; accordingly the appeal is allowed and the trial judge's decree for specific performance is restored.

Court Disposition

Appeal allowed with costs; judgment of the trial judge ordering specific performance restored

Orders

  • Appeal allowed with costs; decree of specific performance entered by the trial judge restored