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Canada decisions
Decisions matching the current search
The court held that the subdivision applications were protected by s. 943, the later filing was an amendment, and the waiver was invalid. Relief was tailored through remittal and equitable extension.
The court ordered specific performance of a failed land sale after finding the vendors withheld known subdivision problems and failed to cooperate in completing remedial work.
The court held that the June 9, 2004 offer and acceptance for the sale of farm property was binding, rejecting the claim that it was only an agreement to agree.
Court in an expropriation compensation trial rejected a stand-alone subdivision valuation, accepted the defendant’s appraisal, and awarded $8,131 for the taking.
The court dismissed the defendants’ application to dismiss and granted Bray Leasing equitable relief from forfeiture, enforcing the land sale contract on conditions.
The court held that no term could be implied requiring the vendor to subdivide Phase 3 land, so the conditional option never matured and the claim was dismissed.
The court ordered transfer of Lot 9 to the Bontorins, awarded aggravated damages and special costs, denied punitive damages, and gave Greenway limited servicing-cost relief.
The Court of Appeal held Schickedanz was not exempt from Fernie development cost charges because it did not own all land at the time of application and its submission was incomplete.
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