434438 B.C. Ltd. v. R.S. & D. Contracting Ltd.

434438 B.C. Ltd. v. R.S. & D. Contracting Ltd.

The court declined to add a 'best efforts' obligation or the appellants' proposed Registrar inquiry clause because specific performance does not merge the contract into the decree and any alleged failure to perform (including lack of 'best efforts') must be litigated in the court below; accordingly the respondent's...

Source-derived case information.

Citation
2003 BCCA 156
Parties
Appellant / Plaintiff: 434438 B.C. Ltd.; Appellant / Plaintiff: Handel Enterprises Ltd.; Appellant / Plaintiff: North Island Fitness Ltd.; Appellant / Plaintiff: East Centennial Properties Ltd.; Respondent / Defendant: R.S. & D. Contracting Ltd.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
13 March 2003
Procedural Posture
Appeal Specific Performance / Settlement of Judgment Terms on Appeal
Outcome
Respondent's draft judgment approved with modifications (clauses 8-10 deleted); appellants' proposed Registrar inquiry clause and respondent's proposed 'best efforts' clause not inserted; date of judgment corrected to 15 November 2002; no costs for written submissions.
Legal Topics
Specific Performance, Subdivision Approval, Land Title Act Ss.85 87, Remedies, Inquiry Into Payments
Source Language
english
Property Law Equity Contract Law Administrative Law Specific Performance Subdivision Approval Land Title Act Ss.85 87 Remedies +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

434438 B.C. Ltd.

Appellant / Plaintiff

Handel Enterprises Ltd.

Appellant / Plaintiff

North Island Fitness Ltd.

Appellant / Plaintiff

East Centennial Properties Ltd.

Appellant / Plaintiff

R.S. & D. Contracting Ltd.

Respondent / Defendant

Procedural Posture

Appeal Specific Performance / Settlement of Judgment Terms on Appeal

Legal Issues

  1. 1 Whether the decree for specific performance should include an express 'best efforts' obligation on the vendor
  2. 2 Whether the court should order a Registrar inquiry into amounts paid and payable by the purchaser and certify credits
  3. 3 How refusal of subdivision approval under the Land Title Act affects obligations and potential refunds

Ratio Decidendi

The court declined to add a 'best efforts' obligation or the appellants' proposed Registrar inquiry clause because specific performance does not merge the contract into the decree and any alleged failure to perform (including lack of 'best efforts') must be litigated in the court below; accordingly the respondent's draft judgment was approved with specified deletions and the date corrected.

Court Disposition

Respondent's draft judgment approved with modifications (clauses 8-10 deleted); appellants' proposed Registrar inquiry clause and respondent's proposed 'best efforts' clause not inserted; date of judgment corrected to 15 November 2002; no costs for written submissions.

Orders

  • Approve respondent's draft judgment as settled by this Court, except delete clauses 8-10
  • Do not insert a 'best efforts' clause obliging the appellant to obtain subdivision approval