Hinkson Holdings v. Silver Sea Dev., [2007] B.C.T.C. 118 (SC)

JudgeNeilson, J.
CourtSupreme Court of British Columbia (Canada)
Case DateDecember 07, 2006
JurisdictionBritish Columbia
Citations[2007] B.C.T.C. 118 (SC);2007 BCSC 118

Hinkson Holdings v. Silver Sea Dev., [2007] B.C.T.C. 118 (SC)

MLB headnote and full text

Temp. Cite: [2007] B.C.T.C. TBEd. FE.009

Hinkson Holdings Ltd. (plaintiff) v. Silver Sea Developments Limited Partnership (defendant)

(S055490; 2007 BCSC 118)

Indexed As: Hinkson Holdings Ltd. v. Silver Sea Developments Limited Partnership

British Columbia Supreme Court

Vancouver

Neilson, J.

January 26, 2007.

Summary:

This headnote contains no summary.

Real Property - Topic 8818

Condominiums - Purchase and sale agreements - Interpretation - See paragraphs 1 to 131.

Real Property - Topic 8819.2

Condominiums - Purchase and sale agreements - Forfeiture - See paragraphs 1 to 131.

Counsel:

Gordon Plottel, for the plaintiff;

Robert Sewell, Q.C., and Scott Griffin, for the defendant.

This application was heard on June 23 and 27, September 22 and December 7, 2006, before Neilson, J., of the British Columbia Supreme Court, who delivered the following decision on January 26, 2007.

Please note: The following judgment has not been edited.

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4 practice notes
  • Hinkson Holdings Ltd. v. Silver Sea Developments Limited Partnership, (2007) 246 B.C.A.C. 37 (CA)
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • July 19, 2007
    ...it purported to do. The judge held that, upon the whole of the deposit being paid, the vendor was required to complete the transaction: 2007 BCSC 118, 52 R.P.R.(4th) 259. [2] The vendor appeals raising various issues but contending in the main the judge failed to give effect to the terms of......
  • Silverberg v. 1054384 Ontario Ltd. et al., [2008] O.T.C. Uned. O11
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • November 17, 2008
    ...authority referred to by Mr. Simaan was Hinkson Holdings Ltd. v. Silversea Developments Ltd. Partnership (2007), 52 R.P.R. (4th) 259, 2007 BCSC 118 (S.C.). In that case, Neilson J. stated at paras. 122-123: With respect to the requirement of being ready, willing and able, Norfolk does say t......
  • Wanson (Bristol) Development Ltd. v. Bloor, [2014] B.C.T.C. Uned. 312 (SC)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • February 27, 2014
    ...of the assignor is "limited to something akin to a guarantor": Hinkson Holdings Ltd. v. Silver Sea Developments Limited Partnership , 2007 BCSC 118 at para. 81. [40] As noted above in the outline of the facts of this case, clause 7.1 of the Agreement outlines that, "no assignment by the pur......
  • Do v. Nichols et al., [2015] B.C.T.C. Uned. 1069 (SC)
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • June 22, 2015
    ...to re-instate one. The respondents rely on the trial judgment in Hinkson Holdings Ltd. v. Silver Sea Developments Limited Partnership , 2007 BCSC 118, rev'd 2007 BCCA 408, where the court said at para 51: The two essential elements of waiver are full knowledge of one's contractual rights ar......
4 cases
  • Hinkson Holdings Ltd. v. Silver Sea Developments Limited Partnership, (2007) 246 B.C.A.C. 37 (CA)
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • July 19, 2007
    ...it purported to do. The judge held that, upon the whole of the deposit being paid, the vendor was required to complete the transaction: 2007 BCSC 118, 52 R.P.R.(4th) 259. [2] The vendor appeals raising various issues but contending in the main the judge failed to give effect to the terms of......
  • Silverberg v. 1054384 Ontario Ltd. et al., [2008] O.T.C. Uned. O11
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • November 17, 2008
    ...authority referred to by Mr. Simaan was Hinkson Holdings Ltd. v. Silversea Developments Ltd. Partnership (2007), 52 R.P.R. (4th) 259, 2007 BCSC 118 (S.C.). In that case, Neilson J. stated at paras. 122-123: With respect to the requirement of being ready, willing and able, Norfolk does say t......
  • Wanson (Bristol) Development Ltd. v. Bloor, [2014] B.C.T.C. Uned. 312 (SC)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • February 27, 2014
    ...of the assignor is "limited to something akin to a guarantor": Hinkson Holdings Ltd. v. Silver Sea Developments Limited Partnership , 2007 BCSC 118 at para. 81. [40] As noted above in the outline of the facts of this case, clause 7.1 of the Agreement outlines that, "no assignment by the pur......
  • Do v. Nichols et al., [2015] B.C.T.C. Uned. 1069 (SC)
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • June 22, 2015
    ...to re-instate one. The respondents rely on the trial judgment in Hinkson Holdings Ltd. v. Silver Sea Developments Limited Partnership , 2007 BCSC 118, rev'd 2007 BCCA 408, where the court said at para 51: The two essential elements of waiver are full knowledge of one's contractual rights ar......

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