291953 B.C. Ltd. v. Canada Safeway Limited

The appellant failed to prove the requisite common intention and mistake necessary for equitable rectification; the trial judge's factual findings were sound and the appeal was dismissed.

Citation: 2000 BCCA 110
Parties: Plaintiff (appellant): 291953 B.C. LTD.; Defendant (respondent): Canada Safeway Limited
Court: British Columbia Court of Appeal
Jurisdiction: Canada
Judgment Date: 4 February 2000
Procedural Posture: Appeal / Court of Appeal Oral Reasons From Trial Judgment Dismissing Action
Outcome: Appeal dismissed
Legal Topics: Rectification, Lease, Equitable Remedy
Source Language: English

Property Law Contract Law Equity Rectification Lease Equitable Remedy

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Party arguments 2

Parties

291953 B.C. LTD.

Plaintiff (appellant)

Canada Safeway Limited

Defendant (respondent)

Procedural Posture

Appeal / Court of Appeal Oral Reasons From Trial Judgment Dismissing Action

Legal Issues

1 Whether the 1981 lease should be rectified to reflect the parties' common intention
2 Whether the trial judge erred in dismissing the respondent's rectification claim

Ratio Decidendi

The appellant failed to prove the requisite common intention and mistake necessary for equitable rectification; the trial judge's factual findings were sound and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

Appeal dismissed.