Ball v. Hardy

Ball v. Hardy

A signed written agreement of purchase and sale accompanied by a deposit and the parties' conduct constituted a binding contract; the vendor provided no evidence of a communicated misunderstanding or other valid defence, therefore specific performance was ordered to enforce the contract.

Source-derived case information.

Citation
C43505
Parties
Appellant/plaintiff: Fraser Ball; Appellant/plaintiff: Lorraine Shanahan; Respondent/defendant: Lynn Helen Hardy
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
10 July 2006
Procedural Posture
Civil / Appeal
Outcome
Appeal allowed; judgment of trial court set aside.
Legal Topics
Specific Performance, Agreement of Purchase and Sale, Consensus Ad Idem, Mistake, Non Est Factum, Undue Influence, Unconscionability, Remedies
Source Language
english
Contract Property Equity Civil Procedure Specific Performance Agreement of Purchase and Sale Consensus Ad Idem Mistake +4 more

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Parties

Fraser Ball

Appellant/plaintiff

Lorraine Shanahan

Appellant/plaintiff

Lynn Helen Hardy

Respondent/defendant

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether a binding agreement of purchase and sale was formed
  2. 2 Whether specific performance was an appropriate remedy
  3. 3 Whether defences of mistake, non est factum, undue influence or unconscionability applied

Ratio Decidendi

A signed written agreement of purchase and sale accompanied by a deposit and the parties' conduct constituted a binding contract; the vendor provided no evidence of a communicated misunderstanding or other valid defence, therefore specific performance was ordered to enforce the contract.

Court Disposition

Appeal allowed; judgment of trial court set aside.

Orders

  • Order for specific performance of the Agreement of Purchase and Sale
  • Costs to appellants in the amount of $10,000 all inclusive