Doucette v. Giannoulis

Doucette v. Giannoulis

Although the purchaser breached the implied duty of good faith (including causing repeated floods and an assault/serious threats), those breaches did not, in law, deprive the corporate seller of substantially the whole benefit of the contract so as to constitute a fundamental breach justifying repudiation; the corporate defendants' repudiation therefore itself breached the contract; specific performance was refused because the unit was not unique and the purchaser did not come with clean hands; damages were awarded to the purchaser with set-off for defendants' counterclaims and prejudgment interest.

Citation
2006 NSSC 166
Parties
Plaintiff / Defendant by Counter Claim: Kevin Doucette; Defendant / Plaintiff by Counter Claim: Peter Giannoulis; Defendant / Plaintiff by Counter Claim: Stavros Giannoulis; Defendant / Plaintiff by Counter Claim: Ingliwood Wood Apartments Limited; Defendant / Plaintiff by Counter Claim: Ingliwood Condominiums Limited
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 May 2006
Procedural Posture
Civil Contract and Tort (sale of Land, Specific Performance, Damages, Counterclaims) / Trial Judgment (supreme Court of Nova Scotia)
Outcome
Repudiation by corporate defendants held wrongful; specific performance denied; plaintiff awarded damages net of counterclaims and prejudgment interest; defendants awarded proven counterclaim amounts; costs to be determined by chambers if parties cannot agree.
Legal Topics
Specific Performance, Repudiation, Good Faith in Contract Performance, Fundamental Breach, Damages, Pre Judgment Interest, Assault, Counterclaim
Source Language
English
Contract Law Property Law Tort Law Equity Specific Performance Repudiation Good Faith in Contract Performance Fundamental Breach +4 more

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Parties

Kevin Doucette

Plaintiff / Defendant by Counter Claim

Peter Giannoulis

Defendant / Plaintiff by Counter Claim

Stavros Giannoulis

Defendant / Plaintiff by Counter Claim

Ingliwood Wood Apartments Limited

Defendant / Plaintiff by Counter Claim

Ingliwood Condominiums Limited

Defendant / Plaintiff by Counter Claim

Procedural Posture

Civil Contract and Tort (sale of Land, Specific Performance, Damages, Counterclaims) / Trial Judgment (supreme Court of Nova Scotia)

Legal Issues

  1. 1 Whether purchaser breached the implied duty of good faith and other obligations under the Agreement of Purchase and Sale
  2. 2 Whether purchaser's conduct on March 29, 2005 constituted a fundamental breach justifying repudiation by defendants
  3. 3 Whether corporate defendant was legally entitled to repudiate the contract

Ratio Decidendi

Although the purchaser breached the implied duty of good faith (including causing repeated floods and an assault/serious threats), those breaches did not, in law, deprive the corporate seller of substantially the whole benefit of the contract so as to constitute a fundamental breach justifying repudiation; the corporate defendants' repudiation therefore itself breached the contract; specific performance was refused because the unit was not unique and the purchaser did not come with clean hands; damages were awarded to the purchaser with set-off for defendants' counterclaims and prejudgment interest.

Court Disposition

Repudiation by corporate defendants held wrongful; specific performance denied; plaintiff awarded damages net of counterclaims and prejudgment interest; defendants awarded proven counterclaim amounts; costs to be determined by chambers if parties cannot agree.

Orders

  • Plaintiff Kevin Doucette awarded damages totalling $9,741.70 CAD for items and fixtures as proven
  • Defendants awarded counterclaims totalling $4,799.60 CAD (including $3,799.60 CAD for repair costs and $1,000.00 CAD to Stavros Giannoulis)