The Winnipeg Real Estate Forum at RBC Convention Centre is a great success yet again!
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Jason BrykPhone: 204.956.3510 Fax: 204.957.0227 |
Kirchner et al. v. Dielmann Holdings Ltd., 2014 MBCA 21. the Manitoba Court of Appeal dismissed the defendant's appeal of its unsuccessful motion to declare a land purchase agreement null and void and discharge a pending litigation order against its property. The defendant argued that the agreement was void for uncertainty since no dates were specified for obtaining approval of the subdivision and closing. The appeal court disagreed, noting that a court can imply a term that a subdivision was required, and that both parties must act in good faith and take all reasonable steps to complete the subdivision and the sale in order to give the purchase agreement business efficacy.
Kirby et al. v. Winnipeg, 2014 MBQB 60 - The Manitoba Court of Queen's Bench deferred to the "very broad jurisdiction" of the Director of the Residential Tenancies in disputes involving a landlord and tenant relationship, despite acknowledging that a dispute involving a condominium lien may be outside the director's authority.
Information and insight into the Winnipeg and Manitoba real estate sector, and real estate law in Canada
The Manitoba real estate papers of the late Edward (Ned) Brown from 2000 - 2020
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