Bossé v. Bossé et al., (1999) 211 N.B.R.(2d) 336 (TD)

• Judge: Angers, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: February 11, 1999
• Jurisdiction: New Brunswick
• Citations: (1999), 211 N.B.R.(2d) 336 (TD)

Bossé v. Bossé (1999), 211 N.B.R.(2d) 336 (TD);

    211 R.N.-B.(2e) 336; 539 A.P.R. 336

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [1999] N.B.R.(2d) TBEd. FE.035

Réal P. Bossé (plaintiff) v. Benoit Bossé and Les Immeubles Robo ltée (defendants) and R.P.B. Construction ltée (party added by counterclaim)

(E/C/67/96)

Indexed As: Bossé v. Bossé et al.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Edmundston

Angers, J.

February 11, 1999.

Summary:

Réal Bossé sued his brother, Benoit Bossé, for a balance owing on a promissory note. Benoit, by counterclaim, sought damages for failure to exercise an option to purchase land.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the action and the counterclaim.

Negotiable Instruments - Topic 8406

Promissory notes - Liability of parties - Makers - Réal wanted to buy a parcel of land - Since he was in the midst of divorce proceedings, his brother Benoit bought the land to avoid complications - Benoit's corporation transferred the title to Réal's corporation - Benoit was given an option to buy land owned by Réal's corporation - Benoit gave Réal a promissory note - Later on, Réal argued that the option to purchase was null and void because Benoit failed to comply with one of the conditions - Benoit refused to pay the balance due on the note - Réal sued Benoit for the balance - Benoit, by counterclaim, sought damages for failure to exercise the option to pur­chase - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the action and counterclaim - All the transactions were part of the initial agree­ment - Since Réal refused to exercise the option, Benoit was entitled to consider the agreement terminated and be discharged of his obligations under the note - Con­sequently, Benoit could no longer obtain compensation.

Sale of Land - Topic 1721

The contract - Offer and acceptance - Options - General - [See Negotiable Instruments - Topic 8406 ].

Sale of Land - Topic 8754

Remedies of purchaser - Damages - For repudiation - [See Negotiable Instruments - Topic 8406 ].

Cases Noticed:

Dabrowski Estate v. York Structural Steel Ltd. et al. (1994), 155 N.B.R.(2d) 14; 398 A.P.R. 14 (T.D.), affd. (1995), 161 N.B.R.(2d) 305; 414 A.P.R. 305 (C.A.), refd to. [para. 23].

Counsel:

Jean-Paul Ouellette, for the plaintiff and for the party added by counterclaim;

John Douglas Hazen and François Beaulieu, for the defendants.

This action was heard on January 13, 14 and 15, 1999 by Angers, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Ed­mundston, who delivered the following de­cision on February 11, 1999.