R. v. Forster Realty (1990) Ltd., (1999) 186 Sask.R. 304 (ProvCt)

• Judge: Fenwick, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: September 30, 1999
• Jurisdiction: Saskatchewan
• Citations: (1999), 186 Sask.R. 304 (ProvCt)

R. v. Forster Realty Ltd. (1999), 186 Sask.R. 304 (ProvCt)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. NO.071

Her Majesty The Queen v. Forster Realty

(1990) Ltd.

Indexed As: R. v. Forster Realty (1990) Ltd.

Saskatchewan Provincial Court

Judicial Centre of Regina

Fenwick, P.C.J.

September 30, 1999.

Summary:

The accused corporation was charged with contravening s. 22(1) of the Public Health Act by permitting persons to occupy a plac­arded dwelling without making the dwelling fit for occupation, thereby committing an offence contrary to s. 61(1)(b) of the Act.

The Saskatchewan Provincial Court found the accused guilty of the offence.

Health - Topic 1242

Public health legislation - Offences - Per­mitting occupation of placarded dwelling - [See Health - Topic 1248 ].

Health - Topic 1248

Public health legislation - Offences - Owner - Defined - The accused corpo-ration was charged with contravening s. 22(1) of the Public Health Act by permit­ting Dann and Gareau to occupy a plac­arded dwelling without making the dwell­ing fit for occupation - In order to prove the accused's guilt it was necessary to establish that it was the owner of the sub­ject property - Dann had originally wanted to rent the property, but he was advised by the accused's employee that the premises had been placarded and that the only way he could get in was to enter a rent to own situation - A contract of purchase and sale was entered into - The Saskatchewan Provincial Court held that every indication with respect to the agree­ment of purchase and sale was that it was not a true agree­ment for sale, but was merely a way of getting around the placarding of the prop­erty - The actions prior and subsequent to the signing of the agreement indicated the same thing - The court found the accused guilty of the offence.

Sale of Land - Topic 805

The contract - Agreement for sale - What constitutes - [See Health - Topic 1248 ].

Cases Noticed:

United Grain Growers Ltd. v. 3339351 Canada Ltd. et al. (1997), 117 Man.R.(2d) 267 (Q.B.), refd to. [para. 13].

Counsel:

Reginald A. Watson, for the Crown;

Sean J. Sass, for the accused.

This case was heard before Fenwick, P.C.J., of the Saskatchewan Provincial Court, Judicial Centre of Regina, who delivered the following oral decision on September 30, 1999.