Black v. Blair Athol Farms Ltd., (1995) 104 Man.R.(2d) 94 (QB)
Judge | Scollin, J. |
Court | Court of Queen's Bench of Manitoba (Canada) |
Case Date | July 05, 1995 |
Jurisdiction | Manitoba |
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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Black v. Blair Athol Farms Ltd., (1996) 110 Man.R.(2d) 84 (CA)
...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......
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Blair Athol Farms Ltd. v. Black, (1997) 115 Man.R.(2d) 208 (CA)
...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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Blair Athol Farms Ltd. v. Black, (1996) 113 Man.R.(2d) 177 (CA)
...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)
...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 ......
-
Black v. Blair Athol Farms Ltd., (1996) 110 Man.R.(2d) 84 (CA)
...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)
...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)
...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)
...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 ......