Rockridge Developments Ltd. v. Snow

Rockridge Developments Ltd. v. Snow

The Master denied the defendant's adjournment, accepted the plaintiff's affidavit evidence for items A, C and D (price differential, carrying costs and additional taxes), dismissed other unproven heads, and issued a certificate certifying the assessed damages and a separate certificate for costs.

Citation
2000 BCSC 756
Parties
Plaintiff: Rockridge Developments Ltd.; Defendant: Geoffrey Snow
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 June 2000
Procedural Posture
Civil Contract (real Estate) / Damages Assessment and Certification Following Order in Lieu of Specific Performance; Appeal From Certificate
Outcome
Damages assessed and certified in favour of the plaintiff; certificate issued; separate certificate issued for bill of costs; adjournment denied.
Legal Topics
Specific Performance, Damages in Lieu of Specific Performance, Assessment of Damages, Adjournment
Source Language
English
Contract Real Property Remedies Civil Procedure Specific Performance Damages in Lieu of Specific Performance Assessment of Damages Adjournment

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Parties

Rockridge Developments Ltd.

Plaintiff

Geoffrey Snow

Defendant

Procedural Posture

Civil Contract (real Estate) / Damages Assessment and Certification Following Order in Lieu of Specific Performance; Appeal From Certificate

Legal Issues

  1. 1 Whether damages in lieu of specific performance should be assessed and certified pursuant to the March 4, 1999 order
  2. 2 Whether the defendant was entitled to an adjournment of the damages assessment hearing
  3. 3 Whether the plaintiff proved the claimed heads of damages

Ratio Decidendi

The Master denied the defendant's adjournment, accepted the plaintiff's affidavit evidence for items A, C and D (price differential, carrying costs and additional taxes), dismissed other unproven heads, and issued a certificate certifying the assessed damages and a separate certificate for costs.

Court Disposition

Damages assessed and certified in favour of the plaintiff; certificate issued; separate certificate issued for bill of costs; adjournment denied.

Orders

  • Damages assessed and certified in favour of Rockridge Developments Ltd. for items A, C and D as per McLeod affidavit
  • Adjournment of the assessment hearing denied