Ockey Developments v. Suncoast Projects et al.

Ockey Developments v. Suncoast Projects et al.

There was a valid contract obliging the vendors to deliver land remediated of hazardous substances such that the purchaser 'may be able' to obtain a Certificate of Compliance; that language did not require delivery of a Certificate of Compliance at closing but imposed an obligation as to soil condition; specific...

Source-derived case information.

Citation
2006 BCSC 302
Parties
Plaintiff: Ockey Developments Ltd.; Defendant: Suncoast Projects (2004) Ltd.; Defendant: 686306 B.C. Ltd.; Defendant: Terry Mogensen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 February 2006
Procedural Posture
Contract Dispute Specific Performance (sale of Land) / Summary Application / Summary Trial
Outcome
Court found a valid and subsisting agreement and ordered conditional specific performance: purchaser given 21 days to complete purchase; vendors may remediate within 45 days or the purchaser will assume remediation and pursue damages; vendors may claim carrying costs; matter stayed for case management and possible...
Legal Topics
Specific Performance, Certificate of Compliance, Contaminated Sites, Contract Interpretation, Waiver, Repudiation, Damages, Mutuality, Parol Evidence
Source Language
english
Property Law Contract Law Environmental Law Equity Civil Procedure Specific Performance Certificate of Compliance Contaminated Sites +6 more

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Parties

Ockey Developments Ltd.

Plaintiff

Suncoast Projects (2004) Ltd.

Defendant

686306 B.C. Ltd.

Defendant

Terry Mogensen

Defendant

Procedural Posture

Contract Dispute Specific Performance (sale of Land) / Summary Application / Summary Trial

Legal Issues

  1. 1 Whether vendors were obliged to obtain and deliver a Certificate of Compliance
  2. 2 Whether the purchaser waived conditions and thereby removed obligation to obtain Certificate of Compliance
  3. 3 Whether vendors' refusal or inability to provide Certificate of Compliance relieved purchaser of obligation to close

Ratio Decidendi

There was a valid contract obliging the vendors to deliver land remediated of hazardous substances such that the purchaser 'may be able' to obtain a Certificate of Compliance; that language did not require delivery of a Certificate of Compliance at closing but imposed an obligation as to soil condition; specific performance was appropriate with conditional timelines: purchaser to complete within 21 days, vendors may elect to remediate within 45 days otherwise purchaser will assume remediation and damages issues will be tried; vendors entitled to carrying costs and matter stayed for case management.

Court Disposition

Court found a valid and subsisting agreement and ordered conditional specific performance: purchaser given 21 days to complete purchase; vendors may remediate within 45 days or the purchaser will assume remediation and pursue damages; vendors may claim carrying costs; matter stayed for case management and possible...

Orders

  • There is a valid and subsisting agreement.
  • The vendors' obligation was to clean the lands to a standard that a Certificate of Compliance could be obtained but they were not required to provide the Certificate of Compliance on the completion date.