Smalley Agencies Ltd. v. Hill-Everest Holdings Ltd. et al., (1993) 83 Man.R.(2d) 240 (CA)

• Judge: Twaddle, Lyon and Helper, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: February 11, 1993
• Jurisdiction: Manitoba
• Citations: (1993), 83 Man.R.(2d) 240 (CA)

Smalley Agencies v. Hill-Everest (1993), 83 Man.R.(2d) 240 (CA);

    36 W.A.C. 240

MLB headnote and full text

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

(Suit No. AI 92-30-00813)

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

Manitoba Court of Appeal

Twaddle, Lyon and Helper, JJ.A.

February 11, 1993.

Summary:

The plaintiff sued the defendants for real estate commissions.

The Manitoba Court of Queen's Bench, in a decision reported at [1992] 4 W.W.R. 233; 80 Man.R.(2d) 56, allowed the plaintiff's action. The defendants appealed.

The Manitoba Court of Appeal dismissed the appeal.

Brokers - Topic 4031

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

Brokers - Topic 4035

Compensation - Right to - Continuity of relation of buyer and seller - Defendants exclusively listed properties for sale with the plaintiff real estate company for 90 days, commission 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 to buy the properties - The defendants refused to pay 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 an earlier aborted sale - The Manitoba Court of Appeal affirmed that the plaintiff was entitled to its com­mission.

Counsel:

R.B. McNicol, Q.C., and E.V. Murray, for the appellants;

P.V. Walsh, Q.C., for the respondent.

This appeal was heard before Twaddle, Lyon and Helper, JJ.A., of the Manitoba Court of Appeal. On February 11, 1993, Twaddle, J.A., delivered the following oral judgment for the court.