Canadian Property Holdings (Ontario) Inc. v. McGee Capital Management Limited
The Court agreed with the motion judge that the lease amending agreement was a duly constituted and executed agreement that stands alone and rejected the appellant's claim of an unconditional obligation under the October 1, 2003 proposed letter; accordingly the appeal was dismissed and costs awarded to the respondent.
Source-derived case information.
- Citation
- C42600
- Parties
- Respondent: Canadian Property Holdings (Ontario) Inc.; Appellant: McGee Capital Management Limited; Co Appellant: 1046011 Ontario Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 17 February 2005
- Procedural Posture
- Civil / Appeal to Court of Appeal (decision)
- Outcome
- Appeal dismissed
- Legal Topics
- Lease Amendment, Agreement Formation, Conditional Obligations, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Canadian Property Holdings (Ontario) Inc.
Respondent
McGee Capital Management Limited
Appellant
1046011 Ontario Inc.
Co Appellant
Procedural Posture
Civil / Appeal to Court of Appeal (decision)
Legal Issues
- 1 Whether the lease amending agreement was valid and enforceable as a standalone executed agreement
- 2 Whether the appellant was obligated under the proposed letter dated October 1, 2003 to execute the lease amending agreement regardless of whether the landlord waived the condition in its favour
- 3 Entitlement to costs
Ratio Decidendi
The Court agreed with the motion judge that the lease amending agreement was a duly constituted and executed agreement that stands alone and rejected the appellant's claim of an unconditional obligation under the October 1, 2003 proposed letter; accordingly the appeal was dismissed and costs awarded to the respondent.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- Costs fixed in the amount of $4,950 inclusive of disbursements and GST to be paid by the appellant to the respondent.
Full Case Text
Judgment text and source record
1 paragraphs
Canadian Property Holdings (Ontario) Inc. v. McGee Capital Management Limited Collection Decisions of the Court of Appeal Date 2005-02-17 Docket numbers C42600 Judges MacPherson, James C.; Sharpe, Robert J.; Juriansz, Russell G. Subject Civil Decision Content DATE: 20050217 DOCKET: C42600 COURT OF APPEAL FOR ONTARIO RE: CANADIAN PROPERTY HOLDINGS (ONTARIO) INC. (Respondent) – and – McGEE CAPITAL MANAGEMENT LIMITED and 1046011 ONTARIO INC. BEFORE: MacPHERSON, SHARPE and JURIANSZ JJ.A. COUNSEL: Bruce A. Simpson for the appellant Robert Kennedy for the respondent HEARD & ENDORSED: February 15, 2005 On appeal from the judgment of Justice Gerald Day of the Superior Court of Justice dated October 13, 2004. APPEAL BOOK ENDORSEMENT [1] We agree with the motion judge that the lease amending agreement is a duly constituted and executed agreement that stands alone. We do not agree with the appellant’s argument that it had an obligation under the proposed letter dated October 1, 2003 to execute the lease amending agreement regardless whether the landlord waived the condition in its favour. The appeal is dismissed. Costs fixed in the amount of $4,950 inclusive of disbursements and GST to be paid by the appellant to the respondent.