Taberner v. Ernest & Twins Developments

Taberner v. Ernest & Twins Developments

The court granted specific performance because the plaintiff proved the subject unit was sufficiently unique given the particular combination of objective features and the plaintiff's demonstrated subjective desire (reinforced by an appraisal showing market value below the contract price), and the vendor failed to...

Source-derived case information.

Citation
2001 BCSC 367
Parties
Plaintiff: Katherine Taberner; Defendant: Ernest & Twins Developments Inc.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 March 2001
Procedural Posture
Contract for Sale of Real Property Specific Performance / Judgment
Outcome
Decree of specific performance granted; damages awarded; prejudgment interest and costs granted to plaintiff
Legal Topics
Specific Performance, Trusts, Damages, Uniqueness of Property, Disclosure Obligations, Prejudgment Interest, Mortgage
Source Language
english
Contract Law Property Law Equity Real Estate Law Specific Performance Trusts Damages Uniqueness of Property +3 more

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Parties

Katherine Taberner

Plaintiff

Ernest & Twins Developments Inc.

Defendant

Procedural Posture

Contract for Sale of Real Property Specific Performance / Judgment

Legal Issues

  1. 1 Whether the condominium unit is sufficiently unique to merit specific performance
  2. 2 Whether the vendor holds the property in trust for a third party (Mee Wong) making specific performance inappropriate
  3. 3 Appropriate measure of damages and exclusion of claimed mortgage penalty

Ratio Decidendi

The court granted specific performance because the plaintiff proved the subject unit was sufficiently unique given the particular combination of objective features and the plaintiff's demonstrated subjective desire (reinforced by an appraisal showing market value below the contract price), and the vendor failed to prove a trust: the alleged trust evidence was inadmissible hearsay and contradicted by the disclosure statement, mortgage and lack of corporate resolutions or records; accordingly specific performance was appropriate and damages were awarded (mortgage penalty denied as remote).

Court Disposition

Decree of specific performance granted; damages awarded; prejudgment interest and costs granted to plaintiff

Orders

  • Decree of specific performance granted ordering completion of the purchase of the subject condominium unit by Katherine Taberner from Ernest & Twins Developments Inc.
  • Damages awarded to the plaintiff in the sum of $37,583