Studio Homes Ltd. v. Carter et al., 2015 ABQB 741

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 03, 2015
• Citations: 2015 ABQB 741;[2015] A.R. TBEd. NO.140

Studio Homes Ltd. v. Carter, [2015] A.R. TBEd. NO.140

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. NO.140

Studio Homes Ltd. (plaintiff) v. M. Roy Carter, Carter Lock Horrigan, Kevin Szakacs, Louis Joseph Albinati, Darrel Gunderson and Signature Land Corp. (defendants)

Louis Joseph Albinati (plaintiff by counterclaim) v. Studio Homes Ltd. (defendant by counterclaim)

(1303 14306; 2015 ABQB 741)

Indexed As: Studio Homes Ltd. v. Carter et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Wacowich, Master

November 23, 2015.

Summary:

The plaintiff, Studio Homes Ltd. (Studio), sought to enforce rights of Elaborate Developments Inc. (Elaborate) concerning an Agreement for Sale of October 8, 2004, between Albinati and Elaborate for Elaborate to purchase 145.89 acres of Albinati land in Grande Prairie. Pursuant to the Agreement for Sale, Elaborate was to make certain payments and pay taxes on the property. The Agreement for Sale expired October 8, 2011, when all payments were due. On February 2, 2011, the sole director and shareholder of Elaborate signed a written agreement between Elaborate and Albinati (the Quit Claim and Settlement Agreement) which, among other things: (a) terminated and rendered null and void the Agreement for Sale as of February 2, 2011; (b) relinquished and transferred all of Elaborate's rights under the Agreement for Sale to Albinati; (c) granted Albinati the right to use all engineering and infrastructure completed by Elaborate on the Land; (d) absolved Elaborate from its obligation to pay all taxes and money owing under the Agreement for Sale. A consent order transferred Elaborate's claims with respect to the lands to Studio. Studio's action included claims against a lawyer and the law firm he worked with for breach of contract, breach of fiduciary duty and conspiracy. The conspiracy was alleged to include the defendants, Albinati, Szakacs, Gunderson and Signature Land Corp. (SLC). Albinati applied for summary dismissal of Studio's claim against him. Albinati also applied by way of counterclaim for summary judgment seeking a declaration of an interest in land. An application was also brought for summary dismissal of the Studio's claims against the defendants, SLC, Szakacs, and Gunderson.

A Master of the Alberta Court of Queen's Bench dismissed Studio's claim against Albinati. Judgment was granted to Albinati on his counterclaim against Studio Homes and there was a declaration that the interests of Elaborate both in the land and in the infrastructure and investment claimed in the Statement of Claim ceased as of February 2, 2011. Neither the Receiver for Elaborate or anyone else had any interest in the land thereafter other than Albinati. The application of the defendants, Szakacs, Gunderson and SLC was dismissed.

Actions - Topic 1704

Cause of action - Bars - Ex turpi causa non oritur actio - See paragraphs 58 to 66.

Practice - Topic 5710

Judgments and orders - Summary judgments - Evidence - See paragraphs 68 to 79.

Practice - Topic 5719

Judgments and orders - Summary judgments - To dismiss action - See paragraphs 68 to 79.

Torts - Topic 6995

Defences - Particular defences - Ex turpi causa non oritur actio - See paragraphs 58 to 66.

Counsel:

Grant Dunlop (Ogilvie LLP), for the plaintiff;

B.P. Kaliel and E. Johnston (Miller Thomson), for the defendant, Albinati;

Vivian Stevenson, Q.C. (Duncan & Craig), for the defendants, Szakacs, Gunderson and Signature Land Corp.

These applications were heard on November 3, 2015, before Wacowich, Master, of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on November 23, 2015.