Eagles v. Buchanan

Eagles v. Buchanan

Although payments had ceased after March 2007 such that specific performance lacked merit on the payment issue, the court exercised its equitable discretion under Rule 13.02(g) to grant relief from forfeiture and deny the vendors summary judgment and a recovery order because material equitable issues exist (whether the vendors elected to terminate, whether notice/opportunity to cure was required, and whether default was a slip). Those issues must be decided at trial.

Citation
2008 NSSC 22
Parties
Plaintiff/respondent: Ralph Eagles; Plaintiff/respondent: Bernice Eagles; Defendant/applicant: Earl Buchanan; Defendant/applicant: Mary Buchanan-Beaton
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 January 2008
Procedural Posture
Civil Contract and Property (rent to Own, Specific Performance, Possession) / Summary Judgment and Recovery Order Application (decision on Summary Judgment; Matter Remitted to Trial)
Outcome
Application for summary judgment and recovery order dismissed; relief from forfeiture recognized; matter to proceed to trial.
Legal Topics
Specific Performance, Relief From Forfeiture, Recovery of Possession, Summary Judgment, Notice and Opportunity to Cure, Election to Terminate
Source Language
English
Property Law Contract Law Equity Civil Procedure Specific Performance Relief From Forfeiture Recovery of Possession Summary Judgment +2 more

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Parties

Ralph Eagles

Plaintiff/respondent

Bernice Eagles

Plaintiff/respondent

Earl Buchanan

Defendant/applicant

Mary Buchanan-Beaton

Defendant/applicant

Procedural Posture

Civil Contract and Property (rent to Own, Specific Performance, Possession) / Summary Judgment and Recovery Order Application (decision on Summary Judgment; Matter Remitted to Trial)

Legal Issues

  1. 1 Whether summary judgment and recovery of possession should be granted despite disputed equitable issues
  2. 2 Whether the vendors elected to treat the contract as terminated
  3. 3 Whether notice and opportunity to cure were required before termination

Ratio Decidendi

Although payments had ceased after March 2007 such that specific performance lacked merit on the payment issue, the court exercised its equitable discretion under Rule 13.02(g) to grant relief from forfeiture and deny the vendors summary judgment and a recovery order because material equitable issues exist (whether the vendors elected to terminate, whether notice/opportunity to cure was required, and whether default was a slip). Those issues must be decided at trial.

Court Disposition

Application for summary judgment and recovery order dismissed; relief from forfeiture recognized; matter to proceed to trial.

Orders

  • Application for summary judgment and recovery order dismissed
  • Relief from forfeiture granted (summary judgment denied)