North Calgary Community Church v. 510207 Alberta Ltd. et al., (2002) 310 A.R. 176 (QB)

• Judge: Sullivan, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 18, 2002
• Citations: (2002), 310 A.R. 176 (QB);2002 ABQB 262

North Calgary Com. Ch. v. 510207 Alta. (2002), 310 A.R. 176 (QB)

MLB headnote and full text

Temp. Cite: [2002] A.R. TBEd. AP.014

North Calgary Community Church (plaintiff) v. 510207 Alberta Ltd., Caleron Properties Ltd. and Ronald W. Slater (defendants)

(Action No. 9801-14606; 2002 ABQB 262)

Indexed As: North Calgary Community Church v. 510207 Alberta Ltd. et al.

Alberta Court of Queen's Bench

Judicial District of Calgary

Sullivan, J.

March 8, 2002.

Summary:

A summary trial was directed to determine: (1) whether the plaintiff church was entitled to enforce its caveat registered against certain lands; and (2) whether the church was entitled to specific performance by transfer of the lands to it by the defendant owner of the lands for the sum of $125,000.

The Alberta Court of Queen's Bench answered both questions in the affirmative.

Sale of Land - Topic 1325

The contract - Necessity for writing - General - Statute of Frauds - Circumstances within statute - Oman (a pastor) and Slater acquired a company (510207) to purchase lands with a view to acquiring a church site and developing the remainder - A 1993 offering memorandum prepared by 510207 indicated that part of the land was designated for a church site, which the church could purchase for $125,000 - In 1998, five months following the receipt of subdivision approval for the church site, the church registered a caveat against the site and tendered $125,000 for transfer of the lands - The funds were returned - The Alberta Court of Queen's Bench held that: (1) the offering memorandum clearly evidenced the church's option to purchase the site and satisfied the Statute of Frauds; (2) the church acted reasonably by tendering funds within an acceptable time after subdivision approval was obtained and the option was effectively exercised; and (3) the site was unique unencumbered land and the church was entitled to specific performance - See paragraphs 21 to 33.

Sale of Land - Topic 1452

The contract - Form and contents of agreement or memorandum - The land - Description of the interest conveyed - An offering memorandum prepared by 510207 Alberta Ltd. indicated that 6.1 acres of lands acquired by 510207 was designated for a church site, which the church could purchase for $125,000 - The church site was later reduced to 4.51 acres when 510207 sold part to offset remediation costs - At issue was whether the offering memorandum was a written memorandum evidencing the church's option to purchase the reduced church site which satisfied the Statute of Frauds - An argument was made that a description of land by acreage alone was insufficient to satisfy the Statute of Frauds - The Alberta Court of Queen's Bench held that the offering memorandum contained more than a description by acreage and it sufficiently evidenced the site to be sold - Schedule D to the offering memorandum identified the church site in a diagram and Schedule B made further reference to the parcel - Subsequent events which resulted in a reduced 4.51 acre site did not retroactively render the subject matter uncertain - See paragraphs 17 to 19.

Sale of Land - Topic 1723

The contract - Offer and acceptance - Options - Exercise or acceptance of - [See Sale of Land - Topic 1325 ].

Sale of Land - Topic 8551

Remedies of purchaser - Specific performance - When available - [See Sale of Land - Topic 1325 ].

Cases Noticed:

Austie v. Aksnowicz (1999), 232 A.R. 118; 195 W.A.C. 118 (C.A.), refd to. [para. 12].

Caton v. Caton (1867), L.R. 2 H.L. 127; 36 L.J. Ch. 886, refd to. [para. 12].

Walker v. Cusack (1982), 16 Man.R.(2d) 114 (Q.B.), refd to. [para. 15].

Southridge Properties (1975) Ltd. v. Tiessen, [1980] 3 W.W.R. 618; 31 A.R. 125 (Q.B.), refd to. [para. 17].

Ladco Co. v. Winnipeg (City) (1992), 80 Man.R.(2d) 309 (Q.B.), refd to. [para. 28].

Byrne v. Ryan and Roslyn Realties Ltd. (1962), 47 M.P.R. 86 (Nfld. T.D.), refd to. [para. 28].

Lanson Homes Ltd. v. Block Brothers Contractors Ltd., [1972] 5 W.W.R. 210 (B.C.S.C.), refd to. [para. 28].

Semelhago v. Paramadevan (1996), 197 N.R. 379; 91 O.A.C. 379 (S.C.C.), refd to. [para. 32].

410675 Alberta Ltd. v. Trail South Developments Inc. et al., [2001] A.R. Uned. 82 (Q.B.), affd. (2001), 293 A.R. 181; 257 W.A.C. 181 (C.A.), refd to. [para. 32].

Authors and Works Noticed:

Di Castri, Victor, The Law of Vendor and Purchaser (3rd Ed.), c. 4 [para. 15].

Counsel:

David F. Younggren, for the plaintiff;

C. Michael Smith and Norman D. Anderson, for the defendant.

This action was heard on January 18, 2002, before Sullivan, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on March 8, 2002.