Amiri v. One West Holdings Ltd. et al., (2013) 335 B.C.A.C. 284 (CA)

• Judge: Hall, Groberman and MacKenzie, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: Tuesday March 12, 2013
• Jurisdiction: British Columbia
• Citations: (2013), 335 B.C.A.C. 284 (CA);2013 BCCA 155

Amiri v. One West Holdings (2013), 335 B.C.A.C. 284 (CA);

    573 W.A.C. 284

MLB headnote and full text

Temp. Cite: [2013] B.C.A.C. TBEd. AP.025

Afrasiab Amiri (appellant/plaintiff) v. One West Holdings Ltd., The Erickson Projects Limited Partnership and The Erickson Projects Limited (respondents/defendants)

(CA039780; 2013 BCCA 155)

Indexed As: Amiri v. One West Holdings Ltd. et al.

British Columbia Court of Appeal

Hall, Groberman and MacKenzie, JJ.A.

April 9, 2013.

Summary:

The purchaser agreed to purchase a unit in a proposed condominium development. The contract required the deposit of funds totalling 25% of the purchase price on specific dates prior to the completion of construction, and the purchaser complied with that requirement. The balance of the purchase price was to be paid on closing. The purchaser did not secure financing in time to complete the purchase in a timely manner. The vendor refused further extensions and, purporting to rely on the terms of the contract, retained the purchaser's deposit. The purchaser sued, alleging that the vendor was in breach of the contract, and sought specific performance. In the alternative, he sought the return of his deposit, contending that the contractual terms calling for its forfeiture were invalid. In the further alternative, he sought relief against forfeiture of the deposit pursuant to s. 24 of the Law and Equity Act.

The British Columbia Supreme Court, in a decision reported at [2012] B.C.T.C. Uned. 236, dismissed the action. The purchaser appealed.

The British Columbia Court of Appeal dismissed the appeal.

Contracts - Topic 3672

Performance or breach - Repudiation - Forfeiture of monies paid - See paragraphs 29 to 35.

Sale of Land - Topic 7741

Remedies of vendor - Forfeiture of deposit - General - See paragraphs 29 to 35.

Sale of Land - Topic 7742

Remedies of vendor - Forfeiture of deposit - Deposit defined - See paragraphs 29 to 35.

Sale of Land - Topic 7744

Remedies of vendor - Forfeiture of deposit - Circumstances resulting in forfeiture - See paragraphs 29 to 35.

Sale of Land - Topic 8903

Remedies of purchaser - Relief from forfeiture - When available - See paragraphs 29 to 35.

Cases Noticed:

Tang et al. v. Zhang et al. (2013), 332 B.C.A.C. 304; 569 W.A.C. 304; 2013 BCCA 52, refd to. [para. 29].

Counsel:

D.G. Cowper, Q.C., and W.S. Martin, for the appellant;

L. Martz and A. Cocks, for the respondents.

This appeal was heard at Vancouver, B.C., on March 12, 2013, by Hall, Groberman and MacKenzie, JJ.A., of the British Columbia Court of Appeal. The following judgment of the Court of Appeal was delivered by Groberman, J.A., on April 9, 2013.