Henderson v. Thompson

Henderson v. Thompson

Appeal dismissed because appellant, by posing as a disinterested friend/agent and concealing his own interest while misrepresenting negotiations, occupied a fiduciary position and induced the respondent to accept an offer she likely would not have accepted after independent investigation; equity will not enforce specific performance procured by such conduct.

Citation
(1909) 41 SCR 445
Parties
Plaintiff/appellant: Hugh Henderson; Plaintiff/appellant: Matilda Henderson; Defendant/respondent: Katharine A. Thompson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 March 1909
Procedural Posture
Sale of Land Specific Performance / Appeal From Supreme Court of British Columbia to Supreme Court of Canada
Outcome
Appeal dismissed with costs
Legal Topics
Specific Performance, Fiduciary Duty, Principal and Agent, Misrepresentation, Vendor and Purchaser
Source Language
English
Equity Property Law Contract Law Specific Performance Fiduciary Duty Principal and Agent Misrepresentation Vendor and Purchaser

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Parties

Hugh Henderson

Plaintiff/appellant

Matilda Henderson

Plaintiff/appellant

Katharine A. Thompson

Defendant/respondent

Procedural Posture

Sale of Land Specific Performance / Appeal From Supreme Court of British Columbia to Supreme Court of Canada

Legal Issues

  1. 1 Whether specific performance should be granted where the purchaser concealed his own interest and posed as a disinterested intermediary/friend
  2. 2 Whether the conduct and correspondence established a fiduciary principal-agent relationship preventing equitable relief
  3. 3 Whether precedent in Fellowes v. Lord Gwydyr applies to defeat the defence of non-disclosure

Ratio Decidendi

Appeal dismissed because appellant, by posing as a disinterested friend/agent and concealing his own interest while misrepresenting negotiations, occupied a fiduciary position and induced the respondent to accept an offer she likely would not have accepted after independent investigation; equity will not enforce specific performance procured by such conduct.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs