Mancha Consultants Ltd. et al. v. Canada Square Development Corp., (1998) 110 O.A.C. 52 (CA)
Judge | McMurtry, C.J.O., Laskin and Rosenberg, JJ.A. |
Court | Court of Appeal (Ontario) |
Case Date | May 14, 1998 |
Jurisdiction | Ontario |
Citations | (1998), 110 O.A.C. 52 (CA) |
Mancha Consultants v. Can. Sq. Dev. (1998), 110 O.A.C. 52 (CA)
MLB headnote and full text
Temp. Cite: [1998] O.A.C. TBEd. MY.057
Mancha Consultants Ltd., Alan Chapple and Michael Manley (appellants) v. Canada Square Development Corporation Ltd. (respondent)
(C19288)
Indexed As: Mancha Consultants Ltd. et al. v. Canada Square Development Corp.
Ontario Court of Appeal
McMurtry, C.J.O., Laskin and Rosenberg, JJ.A.
May 14, 1998.
Summary:
The plaintiffs and the defendant orally agreed to redevelop jointly two properties. The redevelopment of one property was deferred. The defendant then acquired the second property for itself. The plaintiffs sued for breach of contract and related relief. The trial judge dismissed the action. The plaintiffs appealed.
The Ontario Court of Appeal allowed the appeal.
Contracts - Topic 3523
Performance or breach - Breach - What constitutes a breach - The plaintiffs and the defendant orally agreed to jointly redevelop a property - The defendant acquired the property for itself - The plaintiffs sued for breach of contract and related relief - The trial judge held that the defendant did not terminate the joint venture agreement, but that the plaintiffs simply lost interest in participating further - The plaintiffs appealed - The Ontario Court of Appeal allowed the appeal - The trial judge made a palpable and overriding error in concluding that the defendant continuously affirmed that the plaintiffs could take part in the joint venture - Further, the failure of the plaintiffs to compete with the defendant to acquire the property was no defence to an action for breach of the agreement.
Cases Noticed:
Netupsky et al. v. Hamilton (1969), 8 D.L.R.(3d) 351 (S.C.C.), refd to. [para. 39].
Wile v. Cook, [1986] 2 S.C.R. 137; 69 N.R. 67; 75 N.S.R.(2d) 66; 186 A.P.R. 66, refd to. [para. 39].
Counsel:
William G. Horton and Markus Koehnen, for the appellants;
John T. Morin and Michael J.W. Round, for the respondent.
This appeal was heard on December 8 and 9, 1997, by McMurtry, C.J.O., Laskin and Rosenberg, JJ.A., of the Ontario Court of Appeal. The decision of the Court of Appeal was delivered by Laskin, J.A., on May 14, 1998.
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Mancha Consultants v. Can. Square, (1999) 236 N.R. 186 (Motion)
...Ltd. v. Mancha Consultants Ltd., Alan Chapple and Michael Manley , a case from the Ontario Court of Appeal dated May 14, 1998. See 110 O.A.C. 52. See Bulletin of Proceedings taken in the Supreme Court of Canada at page 101, January 22, 1999. Motion dismissed. [End of document] ign:jus......
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Mancha Consultants v. Can. Square, (1999) 117 O.A.C. 312 (CA)
...and related relief. The trial judge dismissed the action. The plaintiffs appealed. The Ontario Court of Appeal, in a decision reported at 110 O.A.C. 52, allowed the appeal, directed a reference on damages and awarded the appellants their costs of the trial and appeal. The appellants sought ......
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Mancha Consultants v. Can. Square, (1999) 236 N.R. 186 (Motion)
...Ltd. v. Mancha Consultants Ltd., Alan Chapple and Michael Manley , a case from the Ontario Court of Appeal dated May 14, 1998. See 110 O.A.C. 52. See Bulletin of Proceedings taken in the Supreme Court of Canada at page 101, January 22, 1999. Motion dismissed. [End of document] ign:jus......
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Mancha Consultants v. Can. Square, (1999) 117 O.A.C. 312 (CA)
...and related relief. The trial judge dismissed the action. The plaintiffs appealed. The Ontario Court of Appeal, in a decision reported at 110 O.A.C. 52, allowed the appeal, directed a reference on damages and awarded the appellants their costs of the trial and appeal. The appellants sought ......