Case Overview:
This case involved a dispute between Sheila Margaret Ball (also known as Sheila Margaret Perry) and Frances Paula Eckhart over the enforceability of a 2004 agreement concerning repayment obligations after the sale of jointly owned property in Burnaby, British Columbia.

Background Facts:
From 1989 to 2021, Ball and Eckhart jointly owned the property. In 2004, Eckhart paid $34,951 to discharge the mortgage after Ball's default. The agreement stated Ball was responsible for 80% of the repayment, with payment contingent on the property's sale or another agreement. The property sold in 2021 for $2 million, but disputes arose over dividing the proceeds and whether repayment was enforceable or barred by the Limitations Act.

Legal Arguments and Issues:
Ball argued the 2004 Agreement was an unenforceable "agreement to agree" due to the absence of a follow-up meeting to finalize terms and claimed the repayment obligation was statute-barred. Eckhart maintained the agreement was binding, with repayment triggered by the property's sale, and her claim was within the two-year limitation period.

Court Decision and Award:
The Court of Appeal upheld the lower court's ruling, finding the 2004 Agreement enforceable and Eckhart's claim not statute-barred.

Costs Awarded:
The appeal was dismissed, and Frances Paula Eckhart was awarded costs for the application. The specific amount was not detailed.