Appellant
Respondent
Background: Hyun-Joo Park and Heejoo Christina Park sold a property to 1096303 B.C. Ltd., whose principal was Jatinder Pal Singh Sidhu. The contract included a warranty clause that the property would remain in substantially the same condition until closing. Before closing, the property was vandalized and rendered uninhabitable, but the buyer completed the purchase.
Legal Arguments/Issues: The buyer sued for breach of contract, claiming damages for loss of property value and other expenses. The trial judge awarded $50,000 for lost rental income, even though the buyer had not claimed or pleaded for this specific loss. The sellers appealed, arguing that the judge's decision on lost rental income was speculative and unsupported by evidence, and that the pleadings did not give them fair notice of such a claim.
Held: The appellate court agreed with the sellers, stating that the purpose of pleadings is to give fair notice of the claims. The buyer had not pleaded for lost rental income, and the trial judge's finding that the property would have been rented to a third party was speculative. The court emphasized that special damages must be specifically pleaded.
Costs/Damages Awarded: The appeal was allowed. The damages award of $50,000 for lost rental income was set aside and replaced with nominal damages of $1,000. The sellers, Hyun-Joo Park and Heejoo Christina Park, were awarded their costs of the appeal.
Court
Court of Appeals for British ColumbiaCase Number
CA47549Practice Area
Real estateAmount
$ 1,000Winner
AppellantTrial Start Date
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