Villa Huguette Michaud Inc. v. Pharmacie Victoria ltée and Cyr, (1991) 118 N.B.R.(2d) 109 (TD)

• Judge: McLellan, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: July 11, 1991
• Jurisdiction: New Brunswick
• Citations: (1991), 118 N.B.R.(2d) 109 (TD)

Villa Michaud v. Pharm. Victoria (1991), 118 N.B.R.(2d) 109 (TD);

    118 R.N.-B.(2e) 109; 296 A.P.R. 109

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Villa Huguette Michaud Inc. (plaintiff) v. Pharmacie Victoria Ltée and Joseph G. Cyr (defendants)

(E/C/214/90)

Indexed As: Villa Huguette Michaud Inc. v. Pharmacie Victoria ltée and Cyr

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Edmundston

McLellan, J.

July 11, 1991.

Summary:

The plaintiff brought an action for spe­cific performance of an option to purchase a business premises. The dispute was over the amount of land included.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the action.

Sale of Land - Topic 1452

The contract - Form and contents of agreement or memorandum - The land - Description of interest conveyed - An option to purchase a company's land described the land as "land and three story building at 321 Main Street, Grand Falls, New Brunswick, known under the name 'Villa Riviera'" - The company's owner owned adjacent land, which the optionee asserted was part of the subject matter of the agreement as part of Villa Riviera's apparent business premises - The New Brunswick Court of Queen's Bench, Trial Division, ordered specific performance and held on the evidence, including parol evidence, that the description included the apparent limits, including the owner's own land.

Sale of Land - Topic 1463

The contract - Form and contents of agreement or memorandum - The land - Evidence - Parol evidence re interest conveyed - The New Brunswick Court of Queen's Bench, Trial Division, held that a vague or general description of land is sufficient if it can be identified by admis­sible parol evidence - See paragraphs 39 to 42.

Sale of Land - Topic 8568

Remedies of purchase - Specific perform­ance - Bars - Vague description - [See Sale of Land - Topic 1452 ].

Cases Noticed:

Savoie v. Campbellton (1990), 105 N.B.R.(2d) 333; 264 A.P.R. 333, appld. [para. 23].

Turney v. Zhilka, [1959] S.C.R. 578, appld. [para. 39].

Bishop v. Coster (1937), 12 M.P.R. 17, appld. [para. 39].

Kelly v. Nevers (1970), 2 N.B.R.(2d) 823, appld. [para. 39].

Ward v. Coffin (1972), 4 N.B.R.(2d) 481, appld. [para. 39].

Authors and Works Noticed:

Fridman, The Law of Contract (2nd Ed.), p. 16 [para. 23].

Counsel:

Maurice F. Bourque, for the plaintiff;

John C. Friel, for the defendants.

This case was heard on June 4, 5 and 11, 1991, at Edmundston, N.B., before McLellan, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Edmundston, who delivered the following judgment on July 11, 1991.