Wilson v. Duplessis, (1991) 114 N.B.R.(2d) 14 (TD)

• Judge: W.L.M. Creaghan, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: March 08, 1991
• Jurisdiction: New Brunswick
• Citations: (1991), 114 N.B.R.(2d) 14 (TD)

Wilson v. Duplessis (1991), 114 N.B.R.(2d) 14 (TD);

    114 R.N.-B.(2e) 14; 289 A.P.R. 14

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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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Dennis Wilson (plaintiff) v. David L. Duplessis (defendant)

(F/C/264/90)

Indexed As: Wilson v. Duplessis

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Fredericton

W.L.M. Creaghan, J.

March 8, 1991.

Summary:

The plaintiff brought an action against the defendant for specific performance of an agreement of purchase and sale of land.

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

Sale of Land - Topic 8551

Remedies of purchaser - Specific performance - When available - Defendant agreed to sell the plaintiff a lot from his seven acre parcel for recreational purposes for $10,000 - Agreement was subject to a survey and access road at vendor's expense - Vendor ascertained access roads for a subdivision into five lots would cost $23,000 - Vendor refused to sell - Vendor's sale of remnant parcel for recreational purposes was approved by the planning branch without upgrading and access roads - The New Brunswick Court of Queen's Bench, Trial Division, ordered specific performance.

Counsel:

Ronald J. Ashfield, for the plaintiff;

R. Leslie Jackson, for the defendant.

This case was heard before W.L.M. Creaghan, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Fredericton, who delivered the following judgment on March 8, 1991.