Thompson v. Geortzen, (1980) 25 Man.R.(2d) 225 (CA)

JudgeFreedman, C.J.M., Monnin and Huband, JJ.A.
CourtCourt of Appeal (Manitoba)
Case DateApril 08, 1980
JurisdictionManitoba
Citations(1980), 25 Man.R.(2d) 225 (CA)

Thompson v. Geortzen (1980), 25 Man.R.(2d) 225 (CA)

MLB headnote and full text

Thompson and Thompson v. Geortzen and Geortzen

Indexed As: Thompson v. Geortzen

Manitoba Court of Appeal

Freedman, C.J.M., Monnin and Huband, JJ.A.

April 8, 1980.

Summary:

The plaintiffs (vendors) were pressed financially and decided to attempt to sell their home. The purchasers agreed that in consideration of the transfer of the property, they would assist the vendors in paying their debts. The purchasers further agreed that the vendors could live in the home until they died and that the purchasers would pay their funeral expenses. The female plaintiff (vendor) brought an action in her personal capacity and as personal representative of the estate of her husband to set aside the transfer of land.

The Manitoba Court of Queen's Bench, in a decision reported in (1980), 5 Man. R. 215, ordered the transaction be set aside and the land reconveyed to the female plaintiff (vendor). The court further ordered that the vendor repay the amount that the purchaser expended together with interest. The court held that the agreement was unconscionable, because the parties were in unequal bargaining positions and because the agreement was substantially unfair. The purchasers appealed.

The Manitoba Court of Appeal affirmed the trial court's decision and dismissed the appeal.

Contracts - Topic 9204

Unconscionable transactions relief - Requirement of inequality of bargaining positions and improvident transaction - The Manitoba Court of Appeal confirmed the setting aside of a transaction and reconveyance of the land involved, where the vendors were not in an equal bargaining position with the purchaser and where the purchase price was substantially less than the value of the property - See paragraphs 1 to 3.

Counsel:

R. Levin, for the plaintiff/respondent M. Thompson;

A. Dalmyn, for the defendant/appellant M. Geortzen.

This case was heard before Freedman, C.J.M., Monnin and Huband, JJ.A., of the Manitoba Court of Appeal. The following judgment of the Court of Appeal, was delivered by Huband, J.A., on April 8, 1980:

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