Riverdale Realty Ltd. v. M.P.N. Holdings Ltd. et al., (1994) 92 Man.R.(2d) 165 (CA)

• Judge: Scott, C.J.M., Helper and Kroft, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: February 01, 1994
• Jurisdiction: Manitoba
• Citations: (1994), 92 Man.R.(2d) 165 (CA)

Riverdale Realty v. MPN Hldgs. (1994), 92 Man.R.(2d) 165 (CA);

    61 W.A.C. 165

MLB headnote and full text

Riverdale Realty Ltd. (plaintiff/appellant) v. N.P.N. Holdings Ltd. (as known as M.P.N. Holdings Ltd.) and Jenat Holdings Ltd. (defendants/respondents)

(Suit No. AI 93-30-01353)

Indexed As: Riverdale Realty Ltd. v. M.P.N. Holdings Ltd. et al.

Manitoba Court of Appeal

Scott, C.J.M., Helper and Kroft, JJ.A.

February 1, 1994.

Summary:

A real estate firm sued the defendants for commissions due under a listing agreement.

The Manitoba Court of Queen's Bench, in a decision reported at 86 Man.R.(2d) 306, dismissed the action. The real estate firm appealed.

The Manitoba Court of Appeal dismissed the appeal.

Brokers - Topic 4069

Compensation - The compensation agree­ment - Real estate listing agreement - For leasing property - Interpretation - The defendants entered a listing agreement with a real estate firm, agreeing to pay com­mission on leases effected during the currency of the agreement (i.e., July 1987 to January 1988) - The defendants signed an agreement to lease with Mac's in No­vember 1987, but the lease was not executed until January 1989 - The trial judge dismissed the real estate firm's claim for commission, holding that (1) the lease was not effected until January 1989 and (2) an oral understanding that no commis­sion would be paid for a lease between the defendants and Mac's was part of the contract - The Manitoba Court of Appeal, expressing no opinion on the first ground, affirmed the decision, where there was ample evidence to support the second ground.

Counsel:

S. Green, Q.C., for the appellant;

M. Newman, for the respondents.

This appeal was heard by Scott, C.J.M., Helper and Kroft, JJ.A., of the Manitoba Court of Appeal.

The following decision of the Court of Appeal was delivered by Scott, C.J.M., on February 1, 1994.