Canada Case Law

Ungar v. MOD Developments

Court

Court of Appeal for Ontario

Interpreting the APSs in their factual matrix, the respondents are only required to bear costs for amenities dedicated to the rental units and for shared amenities only to the extent fairly attributable as originally contemplated (small separate lobby); the respondents must bear cost of the third elevator as it benefits rental units exclusively; the appellant holds the rental units in trust for the respondents pre-transfer and the respondents are entitled to populate and receive rents before legal transfer to prevent unjust enrichment of the appellant; appeal dismissed.

Source excerpt

• Contract interpretation
• Cost sharing agreements
• Constructive trust
• Unjust enrichment
• Vendors and purchasers act s.4(f)
• Section 111 municipal agreements

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Kaur v. Chandler

Court

Supreme Court of British Columbia

Applications to cancel certificates of pending litigation were dismissed, except that net sale proceeds from the 208 Street Property remain held as security pending trial.

• Certificate of pending litigation (cpl)
• Quistclose trust
• Statutory trust under redma
• Constructive and resulting trusts
• Tracing of funds
• Fraudulent conveyance/preference

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Taylor v. Banicevic

Court

Supreme Court of British Columbia

The court found a 50/50 trust and joint venture in Lot 17, rejected termination and breach arguments, relied on defendant’s accounting, and awarded Taylor $160,536.48.

• Bare trust
• Joint venture
• Mortgage and refinancing
• Certificate of pending litigation
• Abuse of process
• Damages calculation

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The Owners, Strata Plan BCS3642 v. Unimet Levo Development Limited Partnership

Court

Supreme Court of British Columbia

The court held a written strata resolution authorizing the caretaker-suite sale was passed on November 10, 2009 and that the defendants did not breach fiduciary duty.

• Authorization and validity of strata resolutions
• Interpretation of strata property act provisions (ss.6,8,11,44,78)
• Duty of owner developer
• Evidence and lost corporate records
• Remedies for defective conveyance
• Strata-property-law

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A & G Investment Inc. v. 0915630 B.C. Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal held the completion date did not automatically end the contract, but the purchaser failed to promptly elect to treat the missed date as a fundamental breach.

• Condition precedent
• Completion date
• Anticipatory breach
• Repudiation
• Deposit forfeiture
• Contract interpretation

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TDL Group Corp. v. Onni 7771 Alderbridge Holding Corp.

Court

Supreme Court of British Columbia

The court partially cancelled a CPL over a 1.5 metre strip of Lot 89 to allow a road dedication plan to be registered, on $1,000 security.

• Certificate of pending litigation
• Land title act ss.256-257
• Specific performance
• Road dedication
• Security for cpl cancellation
• Hardship and inconvenience test

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Bosworth v. Jurock

Court

British Columbia Court of Appeal

The Court of Appeal upheld certification of a proposed class action, holding that s. 41(a) of the Class Proceedings Act did not bar the claim.

• Certification
• S. 41 class proceedings act
• Representative proceedings
• Disclosure obligations under redma
• Negligent and fraudulent misrepresentation
• Standing

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Amiri v. One West Holdings Ltd.

Court

Supreme Court of British Columbia

The court held the plaintiff breached a pre-sale condominium contract, upheld the vendor’s reset completion date, and allowed forfeiture of the 25% deposit.

• Specific performance
• Relief from forfeiture
• Liquidated damages
• Deposit forfeiture
• Time is of the essence
• Waiver

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Bosa Properties (Claremont) Inc. v. Mossabeh

Court

Supreme Court of British Columbia

The court dismissed a defendant’s summary trial application in a condominium deposit dispute, finding the trust and title issues could not be decided on the available record.

• Enforceability of pre-construction sale agreements
• Property law act s.6 — registration requirement
• Trusts and agency affecting title transfer
• Redma disclosure obligations
• Summary trial suitability
• Summary-trial

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Boffo Developments (Jewel 2) Ltd. v. Pinnacle International (Wilson) Plaza Inc.

Court

Supreme Court of British Columbia

The court found bona fide triable issues over a disputed land-development joint venture and beneficial ownership, and converted the petition into an action.

• Partition of property
• Judicial sale
• Joint venture
• Constructive trust
• Beneficial ownership
• Conversion of petition to action

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