Zwicker v. Feindel

Zwicker v. Feindel

Where the vendor knowingly misrepresented the boundary location and induced the purchaser to accept a deed with an erroneous boundary, the vendor is estopped in equity from asserting title to the strip so represented; the deed should be reformed and the purchaser granted the land up to the Grinton line, and any necessary pleading amendments should be permitted to reflect the proven fraud/estoppel.

Citation
(1899) 29 SCR 516
Parties
Appellants/defendants: Edward Zwicker and Others; Respondent/plaintiff: Caleb Feindel
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 June 1899
Procedural Posture
Appeal Concerning Sale of Land and Trespass / Final Judgment on Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia
Outcome
Appeal allowed with costs; judgment of trial judge restored.
Legal Topics
Misrepresentation, Estoppel, Rectification of Deed, Specific Performance, Fraud, Boundary Dispute, Trespass
Source Language
English
Property Equity Contract Remedies Misrepresentation Estoppel Rectification of Deed Specific Performance +3 more

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Parties

Edward Zwicker and Others

Appellants/defendants

Caleb Feindel

Respondent/plaintiff

Procedural Posture

Appeal Concerning Sale of Land and Trespass / Final Judgment on Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia

Legal Issues

  1. 1 Whether vendor's willful misstatement of boundary estops vendor from claiming strip not described in deed
  2. 2 Whether deed may be rectified on ground of mutual mistake or fraud
  3. 3 Whether fraud must be pleaded to obtain relief and whether amendment to pleadings could cure omission

Ratio Decidendi

Where the vendor knowingly misrepresented the boundary location and induced the purchaser to accept a deed with an erroneous boundary, the vendor is estopped in equity from asserting title to the strip so represented; the deed should be reformed and the purchaser granted the land up to the Grinton line, and any necessary pleading amendments should be permitted to reflect the proven fraud/estoppel.

Court Disposition

Appeal allowed with costs; judgment of trial judge restored.

Orders

  • Deed to be reformed/rectified to include the land up to the Grinton line as agreed.
  • Declaration that plaintiff is estopped from claiming the strip between the pine tree line and the Grinton line.