Vancouver Real Estate Board v. Moscrop Realty Limited

Moscrop was a valid member at relevant times; the 1955 by-law waiver did not bind Moscrop because it was elected before that by-law; the Court of Appeal's order for a new trial limited to assessment of damages stands; therefore the appeal is dismissed and the matter of damages is to be determined at retrial.

Citation: [1961] SCR 418
Parties: Appellant / Defendant: Vancouver Real Estate Board; Respondent / Plaintiff: Moscrop Realty Limited
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 25 April 1961
Procedural Posture: Civil Appeal to the Supreme Court of Canada / On Appeal From the Court of Appeal for British Columbia After Reversal of Trial Judgment and Order for New Trial Limited to Damages
Legal Topics: Expulsion of Member, By Law Interpretation, Natural Justice, Damages Assessment, Membership Rights
Source Language: English

Commercial Law Association Law Contract Law Procedural Fairness/administrative Law Expulsion of Member By Law Interpretation Natural Justice Damages Assessment +1 more

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Parties

Vancouver Real Estate Board

Appellant / Defendant

Moscrop Realty Limited

Respondent / Plaintiff

Procedural Posture

Civil Appeal to the Supreme Court of Canada / On Appeal From the Court of Appeal for British Columbia After Reversal of Trial Judgment and Order for New Trial Limited to Damages

Legal Issues

1 Whether Moscrop was a member of the Board at all relevant times
2 Whether the 1955 by-law requiring an irrevocable waiver bound Moscrop
3 Whether the Board's disciplinary and appeal procedures complied with its by-laws and natural justice