Black v. Blair Athol Farms Ltd., (1995) 104 Man.R.(2d) 94 (QB)

JudgeScollin, J.
CourtCourt of Queen's Bench of Manitoba (Canada)
Case DateJuly 05, 1995
JurisdictionManitoba
Citations(1995), 104 Man.R.(2d) 94 (QB)

Black v. Blair Athol Farms Ltd. (1995), 104 Man.R.(2d) 94 (QB)

MLB headnote and full text

Flora Mae Black (plaintiff) v. Blair Athol Farms Ltd. (defendant)

(File No. CI 93-01-68673)

Indexed As: Black v. Blair Athol Farms Ltd.

Manitoba Court of Queen's Bench

Winnipeg Centre

Scollin, J.

July 5 and July 24, 1995.

Summary:

Black executed a right or option in the future to Blair Athol Farms Ltd. to buy her farm. Subsequently, Black applied to have the agreement set aside on the grounds of, inter alia, unconscionability, mistake, undue influence and misrepresentation.

The Manitoba Court of Queen's Bench dismissed the action.

Contracts - Topic 9278

Unconscionable transactions relief - Per­sons entitled to relief or benefits - Persons not entitled, who receive independent legal advice - Black had leased her farm to the Stewarts for 15 years - In 1992, Black (aged 99) was in an Arkansas nursing home - The Stewarts offered to enter into an option to purchase the farm for $250,000 - Black consulted with her daughter (aged 76) - The daughter recom­mended the agreement - The document was prepared by a Manitoba lawyer - The Stewarts took the document to the nursing home, read it to Black who executed it, and then returned to the daughter's resi­dence who witnessed Black's signature - The daughter died - In 1995, Black applied to have the option set aside on the ground of, inter alia, lack of legal advice - The Manitoba Court of Queen's Bench dismissed the application - See paragraphs 1 to 23.

Fraud and Misrepresentation - Topic 832

Undue influence - Presumed undue influ­ence from special relationships - Elderly persons and others - Black had leased her farm to the Stewarts for 15 years - In 1992, Black (aged 99) was in an Arkansas nursing home - The Stewarts offered to enter into an option to purchase the farm for $250,000 - Black consulted with her daughter (aged 76) - The daughter recom­mended the agreement - The document was prepared by a Manitoba lawyer - The Stewarts took the document to the nursing home, read it to Black who executed it, and then returned to the daughter's resi­dence who witnessed Black's signature - The daughter died - In 1995, Black applied to have the option set aside on the ground of, inter alia, unconscionability - The Manitoba Court of Queen's Bench dismissed the application - See paragraphs 1 to 23.

Landlord and Tenant - Topic 2629

The lease - Validity - Void for uncer­tainty - Black had leased her farm to the Stewarts for 15 years - In 1992, Black (aged 99) was in an Arkansas nursing home - The Stewarts offered to enter into an option to purchase the farm for $250,000 - The agreement also contained a lease portion which stated that it "com­menc[ed] on the 2nd day of January, 1992 and end[ed] on the 31st day of De­cember in the year of the Lessor's death" - In 1995, Black applied to have the option set aside on the ground of, inter alia, mis­rep­resenta­tion - Black applied to have the lease portion declared void for uncertainty - The Manitoba Court of Queen's Bench held that the lease was valid - See para­graphs 24 to 29.

Real Property - Topic 1747

Equitable estates and interests - Equitable interests - Option to purchase land - Black had leased her farm to the Stewarts for 15 years - In 1992, Black (aged 99) was in an Arkansas nursing home - The Stewarts offered to enter into an option to purchase the farm for $250,000 - Black consulted with her daughter (aged 76) - The daughter recommended the agreement - The document was prepared by a Mani­toba lawyer - The Stewarts took the docu­ment to the nursing home, read it to Black who executed it, and then returned to the daughter's residence who witnessed Black's signature - The daughter died - In 1995, Black applied to have the option set aside on the grounds of unconscionability, mis­take, non est factum, lack of legal advice, undue influence and misrepresentation - The Manitoba Court of Queen's Bench dismissed the application - See paragraphs 1 to 23.

Sale of Land - Topic 1530

The contract - Form and contents of agreement or memorandum - The signa­ture - Witnesses - Options - Black had leased her farm to the Stewarts for 15 years - In 1992, Black (aged 99) was in an Arkansas nursing home - The Stewarts offered to enter into an option to purchase the farm for $250,000 - Black consulted with her daughter (aged 76) - The daugh­ter recommended the agreement - The Stewarts took the document to the nursing home, read it to Black who executed it, and then returned to the daughter's resi­dence who witnessed Black's signature - The daughter died - In 1995, Black applied to have the option set aside - The Manitoba Court of Queen's Bench dis­missed the application - The court noted that the daughter's witnessing of Black's signature was unusual but it did not inval­idate the agreement - See paragraph 15.

Sale of Land - Topic 1721

The contract - Offer and acceptance - Options - General - Black had leased her farm to the Stewarts for 15 years - In 1992, Black (aged 99) was in an Arkansas nursing home - The Stewarts offered to enter into an option to purchase the farm for $250,000 - Black consulted with her daughter (aged 76) - The daughter recom­mended the agreement - The document was prepared by a Manitoba lawyer who represented both sides - The Stewarts took the document to the nursing home, read it to Black who executed it, and then returned to the daughter's residence who witnessed Black's signature - The daughter died - In 1995, Black applied to have the option set aside on the grounds of unconscionability, mistake, non est factum, lack of legal advice, undue influence and misrepresentation - The Manitoba Court of Queen's Bench dismissed the application - See paragraphs 1 to 23.

Sale of Land - Topic 3753

Contract, discharge, rescission or annul­ment - Grounds - Misrepresentation - Black had leased her farm to the Stewarts for 15 years - In 1992, Black (aged 99) was in an Arkansas nursing home - The Stewarts offered to enter into an option to purchase the farm for $250,000 - Black consulted with her daughter (aged 76) - The daughter recommended the agreement - The document was prepared by a Manitoba lawyer - The Stewarts took the document to the nursing home, read it to Black who executed it, and then returned to the daug­hter's residence who witnessed Black's signature - The daughter died - In 1995, Black applied to have the option set aside on the ground of, inter alia, misrep­resenta­tion - The Manitoba Court of Queen's Bench dismissed the application - See paragraphs 1 to 23.

Sale of Land - Topic 3757

Contract, discharge, rescission or annul­ment - Grounds - Mistake - Black had leased her farm to the Stewarts for 15 years - In 1992, Black (aged 99) was in an Arkansas nursing home - The Stewarts offered to enter into an option to purchase the farm for $250,000 - Black consulted with her daughter (aged 76) - The daugh­ter recommended the agreement - The document was prepared by a Manitoba lawyer - The Stewarts took the document to the nursing home, read it to Black who executed it, and then returned to the daughter's residence who witnessed Black's signature - The daughter died - In 1995, Black applied to have the option set aside on the ground of, inter alia, mistake - The Mani­toba Court of Queen's Bench dis­missed the application - See paragraphs 1 to 23.

Sale of Land - Topic 3761

Contract, discharge, rescission or annul­ment - Grounds - Non est factum - Black had leased her farm to the Stewarts for 15 years - In 1992, Black (aged 99) was in an Arkansas nursing home - The Stewarts offered to enter into an option to purchase the farm for $250,000 - Black consulted with her daughter (aged 76) - The daugh­ter recommended the agreement - The document was prepared by a Manitoba lawyer - The Stewarts took the document to the nursing home, read it to Black who executed it, and then returned to the daughter's resi­dence who witnessed Black's signature - The daughter died - In 1995, Black applied to have the option set aside on the ground of, inter alia, non est factum - The Manitoba Court of Queen's Bench dis­missed the application - See paragraphs 1 to 23.

Cases Noticed:

Canadian Imperial Bank of Commerce v. Skender, [1986] 1 W.W.R. 284 (B.C.C.A.), folld. [para. 15].

Natuk v. Kawula (1979), 1 Man.R.(2d) 25 (C.A.), dist. [para. 22].

Knupp v. Bell (1968), 67 D.L.R.(2d) 256 (Sask. C.A.), dist. [para. 22].

Trust Loan and Co. of Canada v. Lawra­son (1882), 10 S.C.R. 679, appld. [para. 27].

Authors and Works Noticed:

Canadian Encyclopedic Digest (Ont.)(3rd Ed.), vol. 19, § 691 to 693 [para. 25].

Williams and Rhodes, Canadian Law of Landlord and Tenant (6th Ed.), vol. 1, para. 3:3:7 [para. 25].

Counsel:

G.G. Zazelenchuk, for the plaintiff;

E.W. Olson, Q.C., for the defendant.

This case was heard before Scollin, J., of the Manitoba Court of Queen's Bench, Win­nipeg Centre, who delivered the following judgment on July 5, 1995, and the following addendum on July 24, 1995.

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4 practice notes
  • Black v. Blair Athol Farms Ltd., (1996) 110 Man.R.(2d) 84 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • 7 Diciembre 1995
    ...that the lease portions of the document were void for uncertainty. The Manitoba Court of Queen's Bench, in a decision reported at 104 Man.R.(2d) 94, dismissed the action. Black The Manitoba Court of Appeal found that the lease was void for uncertainty and allowed the appeal on that ground o......
  • Blair Athol Farms Ltd. v. Black, (1997) 115 Man.R.(2d) 208 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • 14 Abril 1997
    ...also claimed the lease portions of the agreement were void for uncertainty. The Manitoba Court of Queen's Bench, in a judgment reported 104 Man.R.(2d) 94, dismissed the action. Both the lease and option to purchase were valid. Black The Manitoba Court of Appeal, in a judgment reported 110 ......
  • Blair Athol Farms Ltd. v. Black, (1996) 113 Man.R.(2d) 177 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • 26 Septiembre 1996
    ...claimed that the lease portions of the agreement were void for uncertainty. The Manitoba Court Queen's Bench, in a judgment reported 104 Man.R.(2d) 94, dismissed the action. Both the lease and option to purchase were valid. Black The Manitoba Court of Appeal, in a judgment reported 110 Man......
  • Blair Athol Farms Ltd. v. Black, (1996) 112 Man.R.(2d) 16 (QB)
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • 21 Junio 1996
    ...also claimed the lease portions of the agreement were void for uncertainty. The Manitoba Court of Queen's Bench, in a judgment reported 104 Man.R.(2d) 94, dismissed the action. Both the lease and option to purchase were valid. Black The Manitoba Court of Appeal, in a judgment reported 110 ......
4 cases
  • Black v. Blair Athol Farms Ltd., (1996) 110 Man.R.(2d) 84 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • 7 Diciembre 1995
    ...that the lease portions of the document were void for uncertainty. The Manitoba Court of Queen's Bench, in a decision reported at 104 Man.R.(2d) 94, dismissed the action. Black The Manitoba Court of Appeal found that the lease was void for uncertainty and allowed the appeal on that ground o......
  • Blair Athol Farms Ltd. v. Black, (1997) 115 Man.R.(2d) 208 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • 14 Abril 1997
    ...also claimed the lease portions of the agreement were void for uncertainty. The Manitoba Court of Queen's Bench, in a judgment reported 104 Man.R.(2d) 94, dismissed the action. Both the lease and option to purchase were valid. Black The Manitoba Court of Appeal, in a judgment reported 110 ......
  • Blair Athol Farms Ltd. v. Black, (1996) 113 Man.R.(2d) 177 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • 26 Septiembre 1996
    ...claimed that the lease portions of the agreement were void for uncertainty. The Manitoba Court Queen's Bench, in a judgment reported 104 Man.R.(2d) 94, dismissed the action. Both the lease and option to purchase were valid. Black The Manitoba Court of Appeal, in a judgment reported 110 Man......
  • Blair Athol Farms Ltd. v. Black, (1996) 112 Man.R.(2d) 16 (QB)
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • 21 Junio 1996
    ...also claimed the lease portions of the agreement were void for uncertainty. The Manitoba Court of Queen's Bench, in a judgment reported 104 Man.R.(2d) 94, dismissed the action. Both the lease and option to purchase were valid. Black The Manitoba Court of Appeal, in a judgment reported 110 ......

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