Palkovics v. Barta, 2013 BCCA 181
| Judge | Levine, Kirkpatrick and Neilson, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | April 12, 2013 |
| Jurisdiction | British Columbia |
| Citations | 2013 BCCA 181;(2013), 339 B.C.A.C. 1 (CA) |
Palkovics v. Barta (2013), 339 B.C.A.C. 1 (CA);
578 W.A.C. 1
MLB headnote and full text
Temp. Cite: [2013] B.C.A.C. TBEd. MY.015
John Robert Palkovics (respondent/plaintiff) v. Alex Barta and Niomie Barta (appellants/defendants)
(CA039885; 2013 BCCA 181)
Indexed As: Palkovics v. Barta
British Columbia Court of Appeal
Levine, Kirkpatrick and Neilson, JJ.A.
April 12, 2013.
Summary:
The purchasers of residential property breached the terms of the $4.8 million purchase and sale agreement. The vendor retained the $400,000 deposit. The purchasers claimed that there existed an oral agreement that varied the written agreement, which the purchasers wished enforced. Alternatively, the purchasers sought relief from the forfeiture of their $400,000 deposit.
The British Columbia Supreme Court, in a judgment reported [2012] B.C.T.C. Uned. 399, held that there was no oral contract and denied relief from forfeiture. The purchasers appealed, but now claimed only for the return of their deposit.
The British Columbia Court of Appeal dismissed the appeal.
Contracts - Topic 3672
Performance or breach - Repudiation - Forfeiture of monies paid - See paragraphs 15 to 17.
Sale of Land - Topic 7744
Remedies of vendor - Forfeiture of deposit - Circumstances resulting in forfeiture - See paragraphs 15 to 17.
Cases Noticed:
Tang et al. v. Zhang et al. (2013), 332 B.C.A.C. 304; 569 W.A.C. 304; 2013 BCCA 52, refd to. [para. 16].
Tribe v. Farrell (2006), 221 B.C.A.C. 303; 364 W.A.C. 303; 2006 BCCA 38, refd to. [para. 18].
Counsel:
D.C. Creighton, for the appellant;
A.P. Morrison and R.M. Reinart, for the respondent.
This appeal was heard on April 11-12, 2013, at Vancouver, B.C., before Levine, Kirkpatrick and Neilson, JJ.A., of the British Columbia Court of Appeal.
On April 12, 2013, the judgment of the Court of Appeal was delivered orally and the following opinions were filed:
Kirkpatrick, J.A. - see paragraphs 1 to 19;
Levine, J.A. - see paragraphs 20, 22;
Neilson, J.A. - see paragraph 21.
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Barta v. DaSilva, [2014] B.C.T.C. Uned. 2113 (SC)
...Mrs. Barta in March 2012 (see Palkovics v. Barta , 2012 BCSC 399 ). The appeal was dismissed on April 12, 2013 (see Palkovics v. Barta , 2013 BCCA 181). An earlier application by Mr. Barta to the Court of Appeal for leave to introduce fresh evidence of brain damage, which evidence was not ......
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Ambroziewicz v. Zhang,
...and an acceptable amount intended to motivate a contracting party to carry through with their bargain”: Palkovics v. Barta, 2013 BCCA 181 at para. 16. I note this is approximately 5 percent of the purchase price, which is a reasonable amount. [38] ......
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Wilkie v. Jeong, 2017 BCSC 2131
...in nature at the time the Contract was entered into. It is 6.7% of the purchase price ($180,000 of $2,668,000). In Palkovics v. Barta, 2013 BCCA 181 at para. 16, the Court of Appeal held that a deposit of 8.33% of the purchase price ($400,000 of $4.8 million) for a West Vancouver property w......
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0827857 B.C. LTD v. DNR Towing Inc., 2020 BCSC 717
...(c) of the Law and Equity Act into play. [76] In Palkovics v. Barta, 2012 BCSC 399, affd 2013 BCCA 181, Burnyeat J. wrote at para. 48 that a party seeking to rely on s. 59(3)(b) or (c) must show that the acts relied upon are unequivocally refe......
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Barta v. DaSilva, [2014] B.C.T.C. Uned. 2113 (SC)
...Mrs. Barta in March 2012 (see Palkovics v. Barta , 2012 BCSC 399 ). The appeal was dismissed on April 12, 2013 (see Palkovics v. Barta , 2013 BCCA 181). An earlier application by Mr. Barta to the Court of Appeal for leave to introduce fresh evidence of brain damage, which evidence was not ......
-
Ambroziewicz v. Zhang,
...and an acceptable amount intended to motivate a contracting party to carry through with their bargain”: Palkovics v. Barta, 2013 BCCA 181 at para. 16. I note this is approximately 5 percent of the purchase price, which is a reasonable amount. [38] ......
-
Wilkie v. Jeong, 2017 BCSC 2131
...in nature at the time the Contract was entered into. It is 6.7% of the purchase price ($180,000 of $2,668,000). In Palkovics v. Barta, 2013 BCCA 181 at para. 16, the Court of Appeal held that a deposit of 8.33% of the purchase price ($400,000 of $4.8 million) for a West Vancouver property w......
-
0827857 B.C. LTD v. DNR Towing Inc., 2020 BCSC 717
...(c) of the Law and Equity Act into play. [76] In Palkovics v. Barta, 2012 BCSC 399, affd 2013 BCCA 181, Burnyeat J. wrote at para. 48 that a party seeking to rely on s. 59(3)(b) or (c) must show that the acts relied upon are unequivocally refe......