Southwood Mall Ltd. v. Scardina, (1981) 13 Man.R.(2d) 26 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: September 01, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 13 Man.R.(2d) 26 (CoCt)

Southwood Mall Ltd. v. Scardina (1981), 13 Man.R.(2d) 26 (CoCt)

MLB headnote and full text

Southwood Mall Ltd. v. Scardina

Indexed As: Southwood Mall Ltd. v. Scardina

Manitoba County Court

Barkman, C.C.J.

September 1, 1981.

Summary:

The owner of a shopping mall, through its leasing agent, negotiated with the defendant for the lease of rental space. The defendant provided an offer to lease, which she later abandoned. The owner claimed damages for loss of rentals.

The Manitoba County Court allowed the defendant to rescind the offer to lease, and dismissed the plaintiff's action.

Contracts - Topic 4194

Remedies for breach - Rescission - Grounds - Innocent misrepresentation - The Manitoba County Court granted a prospective tenant rescission of an offer to lease, where the tenant signed the offer because of the innocent misrepresentation, which was material to the contract, of the leasing agent, and where the agent ought to have known the tenant was relying on him - See paragraphs 10 to 15.

Cases Noticed:

Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd., [1963] 2 All E.R. 575, appld. [para. 12].

Counsel:

J.A. King, for the plaintiff;

W.O. Romaniw, for the defendant.

This action was heard before BARKMAN, C.C.J., of the Manitoba County Court. The decision of BARKMAN, C.C.J., was delivered on September 1, 1981.