Fortress Carlyle Peter St. Inc. v. Ricki’s Construction and Painting Inc.

Fortress Carlyle Peter St. Inc. v. Ricki’s Construction and Painting Inc.

Ricki’s provided an altered estoppel certificate and delayed delivery of a correct one, conduct that precluded reliance on time being of the essence; Fortress was ready, willing and able to close but for Ricki’s misconduct, summary judgment was proper, and the proposed fresh evidence would not have altered the...

Source-derived case information.

Citation
2019 ONCA 866
Parties
Plaintiff (respondent): Fortress Carlyle Peter St. Inc.; Defendant (appellant): Ricki’s Construction and Painting Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
4 November 2019
Procedural Posture
Civil Appeal (specific Performance) / Appeal From Summary Judgment and Order for Specific Performance (motions Judge)
Outcome
Appeal dismissed; motion to admit fresh evidence dismissed; order for specific performance upheld; costs awarded to respondent.
Legal Topics
Specific Performance, Time of the Essence, Good Faith in Contract Performance, Summary Judgment Procedure, Admission of Fresh Evidence (palmer Test), Estoppel Certificates
Source Language
english
Contract Law Real Property Civil Procedure Equity Specific Performance Time of the Essence Good Faith in Contract Performance Summary Judgment Procedure +2 more

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Parties

Fortress Carlyle Peter St. Inc.

Plaintiff (respondent)

Ricki’s Construction and Painting Inc.

Defendant (appellant)

Procedural Posture

Civil Appeal (specific Performance) / Appeal From Summary Judgment and Order for Specific Performance (motions Judge)

Legal Issues

  1. 1 Whether the motions judge erred in granting specific performance
  2. 2 Whether Ricki’s conduct precluded reliance on time being of the essence
  3. 3 Whether summary judgment (without expanded powers invocation) was appropriate

Ratio Decidendi

Ricki’s provided an altered estoppel certificate and delayed delivery of a correct one, conduct that precluded reliance on time being of the essence; Fortress was ready, willing and able to close but for Ricki’s misconduct, summary judgment was proper, and the proposed fresh evidence would not have altered the outcome; therefore the order for specific performance was upheld and the appeal dismissed.

Court Disposition

Appeal dismissed; motion to admit fresh evidence dismissed; order for specific performance upheld; costs awarded to respondent.

Orders

  • Order for specific performance of the Agreement of Purchase and Sale upheld
  • Motion to admit fresh evidence dismissed