Smalley Agencies Ltd. v. Hill-Everest Holdings Ltd. et al., (1992) 80 Man.R.(2d) 56 (QB)

• Judge: Wright, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: May 01, 1992
• Jurisdiction: Manitoba
• Citations: (1992), 80 Man.R.(2d) 56 (QB)

Smalley Agencies v. Hill-Everest (1992), 80 Man.R.(2d) 56 (QB)

MLB headnote and full text

Smalley Agencies Ltd. (plaintiff) v. Hill-Everest Holdings Ltd. and Iroquois Developments Ltd. (defendants)

(File No. CI 88-01-30889)

Indexed As: Smalley Agencies Ltd. v. Hill-Everest Holdings Ltd. et al.

Manitoba Court of Queen's Bench

Winnipeg Centre

Wright, J.

May 1, 1992.

Summary:

The plaintiff sued the defendants for real estate commissions.

The Manitoba Court of Queen's Bench allowed the plaintiff's action.

Brokers - Topic 4031

Compensation - Right to - Whether bro­ker "negotiated with" or "contacted" buyer - [See Brokers - Topic 4035 ].

Brokers - Topic 4035

Compensation - Right to - Continuity of relation of buyer and seller - The defen­dants exclusively listed properties for sale with the plaintiff real estate company for 90 days - A com­mission was pay­able on com­ple­tion of any sale con­tracted during the 90 days from any sources whatsoever - Dur­ing the 90 days, the defendants sold the properties to a corpor­ation which had, before the listing, tried unsuccessfully to buy the properties - The defendants re­fused to pay the plain­tiff's commission, arguing that the plaintiff had no involve­ment in the sale and the sale was not contracted during the listing, but was the culmination of the earlier aborted sale - The Manitoba Court of Queen's Bench held that the plaintiff was entitled to its commission.

Cases Noticed:

Keachie Jr. v. St. Johns et al. (1958), 12 D.L.R.(2d) 21 (Ont. C.A.), refd to. [para. 7].

Bales Realty Ltd. v. Lajeunesse (1979), 1 Sask.R. 16 (C.A.), consd. [para. 7].

Fidelity Trust Co. v. Rudy, [1959] M.R. 69 (Man. Q.B.), dist. [para. 11].

Crooks v. Gerard, [1951] 4 D.L.R. 473 (N.S.C.A.), dist. [para. 11].

Barkley v. Bush, [1929] 3 D.L.R. 360 (Ont. C.A.), dist. [para. 11].

McLaughlin & Co. v. Birks, [1925] 3 D.L.R. 968 (S.C.C.), dist. [para. 11].

Caldwell v. Stephenson (1912), 3 D.L.R. 759 (Sask. S.C.), dist. [para. 11].

Statutes Noticed:

Court of Queen's Bench Act, S.M. 1988-89, c. 4; C.C.S.M., C-280, sect. 80(1)(b) [para. 18].

Counsel:

Paul Walsh, Q.C., for the plaintiff;

R. McNicol, Q.C., and Elizabeth Murray, for the defendants.

This case was heard before Wright, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following decision on May 1, 1992.