Eagles v. Buchanan

Eagles v. Buchanan

Defendants breached the rent-to-own agreement by failing to produce tax, water and insurance documentation required for reimbursement; plaintiffs acted in good faith, paid rent and invested over $14,000 in the property, and damages would be inadequate; therefore specific performance ordering conveyance of the property on the agreed terms ($43,000 less $6,500 deposit, adjusted for payments) is granted; the defendants' counterclaim is dismissed and costs are awarded to the plaintiffs.

Citation
2008 NSSC 99
Parties
Plaintiff/defendant by Counterclaim: Ralph Eagles; Plaintiff/defendant by Counterclaim: Bernice Eagles; Defendant/plaintiff by Counterclaim: Earl Buchanan; Defendant/plaintiff by Counterclaim: Mary Buchanan-Beaton
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 February 2008
Procedural Posture
Action for Specific Performance Arising From a Rent to Own Contract / Trial Judgment (final Written Decision)
Outcome
Specific performance granted in favour of the plaintiffs; counterclaim dismissed; costs awarded to plaintiffs.
Legal Topics
Specific Performance, Rent to Own Agreement, Breach of Contract, Costs
Source Language
English
Contract Property Equity Specific Performance Rent to Own Agreement Breach of Contract Costs

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Parties

Ralph Eagles

Plaintiff/defendant by Counterclaim

Bernice Eagles

Plaintiff/defendant by Counterclaim

Earl Buchanan

Defendant/plaintiff by Counterclaim

Mary Buchanan-Beaton

Defendant/plaintiff by Counterclaim

Procedural Posture

Action for Specific Performance Arising From a Rent to Own Contract / Trial Judgment (final Written Decision)

Legal Issues

  1. 1 Whether plaintiffs are entitled to specific performance of the rent-to-own agreement
  2. 2 Whether defendants breached the agreement by failing to provide tax, water and insurance documentation
  3. 3 Whether damages would be adequate or whether specific performance is required

Ratio Decidendi

Defendants breached the rent-to-own agreement by failing to produce tax, water and insurance documentation required for reimbursement; plaintiffs acted in good faith, paid rent and invested over $14,000 in the property, and damages would be inadequate; therefore specific performance ordering conveyance of the property on the agreed terms ($43,000 less $6,500 deposit, adjusted for payments) is granted; the defendants' counterclaim is dismissed and costs are awarded to the plaintiffs.

Court Disposition

Specific performance granted in favour of the plaintiffs; counterclaim dismissed; costs awarded to plaintiffs.

Orders

  • Property to be conveyed by warranty deed to the Plaintiffs within 30 days of the Order.
  • If Defendants refuse to sign the deed, the Sheriff is authorized to sign and deliver the deed on their behalf.