Bridal Falls Development Corp. v. Bridal Falls RV Park Inc.
Bridal Falls Development Corp.
Law Firm / Organization
Macdonald Law Group
Lawyer(s)

Allan A. Macdonald

Bridal Falls RV Park Inc.
Law Firm / Organization
Lawson Lundell LLP
Lawyer(s)

Thomas D. Boyd

  • Facts: Bridal Falls Development Corp. (plaintiff) sued Bridal Falls RV Park Inc. (defendant) over a real estate contract for the sale of property that included existing and future subdivision lots. The plaintiff claimed specific performance and alleged misrepresentation due to the defendant's failure to obtain necessary government approvals for development.

  • Issue: The main issue was whether the contract included an implied term that all necessary government approvals had been obtained, and if the plaintiff was entitled to specific performance or damages due to the alleged misrepresentation and failure to complete the sale.

  • Court's Ruling: The court dismissed the plaintiff’s claim for specific performance, ruling that there was no implied term regarding government approvals in the contract. It also held that the claim for specific performance was not viable as it was based on a representation, not a covenant to do something. The court did not address the misrepresentation claims, indicating they should be resolved at trial.

  • Costs/Damages Awarded: Costs of the application were awarded to the defendant at Scale B, though the specific amount wasn't mentioned in the summary provided. The court also ordered the release of the security held by the defendant's solicitors, pursuant to a previous order.

Supreme Court of British Columbia
VLC-S-217748
Real estate
Defendant