Riverdale Realty Ltd. v. M.P.N. Holdings Ltd. et al., (1993) 86 Man.R.(2d) 306 (QB)

• Judge: Lockwood, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: May 05, 1993
• Jurisdiction: Manitoba
• Citations: (1993), 86 Man.R.(2d) 306 (QB)

Riverdale Realty v. MPN Holdings (1993), 86 Man.R.(2d) 306 (QB)

MLB headnote and full text

Riverdale Realty Ltd. (plaintiff) v. M.P.N. Holdings Ltd. and Jenat Holdings Ltd. (defendants)

(File No. CI 90-01-45940)

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

Manitoba Court of Queen's Bench

Winnipeg Centre

Lockwood, J.

May 5, 1993.

Summary:

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

The Manitoba Court of Queen's Bench dismissed the real estate firm's action.

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 - The defendants agreed to pay a commission to the firm on any leases effected during the currency of the agreement (i.e., between July 1987 and January 1988) - The defendants executed an agreement to lease on November 20, 1987, but the lease was not executed until January 1989 - The real estate firm claimed a commission because the agree­ment to lease was signed during the cur­rency of the listing agreement - The Manitoba Court of Queen's Bench dis­missed the real estate firm's claim, holding that the lease was not finalized until the January 1989 document was signed.

Cases Noticed:

Smalley Agencies Ltd. v. Hill-Everest Holdings Ltd. and Iroquois Develop­ments Ltd., [1992] 4 W.W.R. 233; 80 Man.R.(2d) 56 (Q.B.), refd to. [para. 16].

Keachie v. St. John et al. (1958), 12 D.L.R.(2d) 21 (Ont. C.A.), refd to. [para. 16].

Bales Realty Ltd. v. Lajeunesse (1979), 1 Sask.R. 16 (C.A.), refd to. [para. 16].

Gladstone v. Catena, [1948] 2 D.L.R. 483 (Ont. C.A.), refd to. [para. 21].

Carsted v. Gass (1980), 9 Man.R.(2d) 195; 17 R.P.R. 314 (C.A.), refd to. [para. 21].

Counsel:

Clive L. Ramage and Donald N. MacIver, for the plaintiff;

Mark Newman, for the defendants.

This case was heard before Lockwood, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the follow­ing judgment on May 5, 1993.