Trinden Enterprises Ltd. v. Ramsay

Trinden Enterprises Ltd. v. Ramsay

The appeal is allowed because the trial judge failed to address the defendant's onus to prove failure to mitigate and failed to consider the purchaser's claim for damages for loss of opportunity to earn development profit; the matter is remitted for a fresh assessment of damages with proper consideration of...

Source-derived case information.

Citation
2009 BCCA 125
Parties
Appellant (plaintiff): Trinden Enterprises Ltd.; Respondent (defendant): Douglas Ramsay also known as Douglas Ramsay Jr.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
24 March 2009
Procedural Posture
Breach of Contract (sale of Land) / Appeal to Court of Appeal From Trial Judgment on Damages; Remitted for Reassessment of Damages
Outcome
Appeal allowed; judgment set aside; matter remitted to trial court for assessment of damages
Legal Topics
Specific Performance, Mitigation of Damages, Measure of Damages, Loss of Chance / Loss of Opportunity, Assessment Date for Damages
Source Language
english
Contract Law Property Law Equity Remedies Civil Procedure Specific Performance Mitigation of Damages Measure of Damages +2 more

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Parties

Trinden Enterprises Ltd.

Appellant (plaintiff)

Douglas Ramsay also known as Douglas Ramsay Jr.

Respondent (defendant)

Procedural Posture

Breach of Contract (sale of Land) / Appeal to Court of Appeal From Trial Judgment on Damages; Remitted for Reassessment of Damages

Legal Issues

  1. 1 Whether purchaser entitled to damages for loss of opportunity to earn profit from development
  2. 2 Whether trial judge erred in refusing to treat property as unique for specific performance
  3. 3 Proper reference date for assessment of damages

Ratio Decidendi

The appeal is allowed because the trial judge failed to address the defendant's onus to prove failure to mitigate and failed to consider the purchaser's claim for damages for loss of opportunity to earn development profit; the matter is remitted for a fresh assessment of damages with proper consideration of mitigation and loss of chance.

Court Disposition

Appeal allowed; judgment set aside; matter remitted to trial court for assessment of damages

Orders

  • Allow appeal, set aside judgment and remit matter to the trial court for reassessment of damages