Case Background
- On July 21, 2020, Mark Angus and John Williams signed a one-page document outlining terms for the sale of Angus's property to CDRW Holdings Ltd., including a $600,000 deposit due by July 24, 2020.
- The deposit was never paid, and the sale did not proceed. Angus sued to recover the deposit, asserting the document was a binding contract.
- The trial judge ruled the document was a non-binding term sheet, leading to dismissal of Angus's claim.
Appeal Issues
- Angus contended the trial judge erred in determining no binding contract was formed.
Court of Appeal Findings
- The determination of contract formation is a question of mixed fact and law, reviewed for palpable and overriding error.
- The appellate court upheld the trial judge’s finding that the document was a term sheet rather than a binding contract, noting:
- Key terms were unresolved, including details about the deposit.
- Angus’s actions, such as drafting a formal agreement later, indicated no intention to be bound by the initial document.
Decision
- The appeal was dismissed. The appellate court found no error in the trial judge’s assessment that the document did not constitute a binding contract.
- The court document provided does not specify amount awarded.
Conclusion: The July 21, 2020, document was a non-binding term sheet, and Angus's appeal to recover the deposit was dismissed.
