2017: Linda Jones transferred a 100-acre property to Elwood Andrew Quinn under an Agreement of Private Purchase and Sale (APPS) to alleviate financial difficulties.
Buyback Provision (BBP): Allowed Linda Jones to repurchase the property within eight years at a specified price.
Relationship Breakdown: Cooperation declined by late 2019, and Quinn's son-in-law, Hugh Franklin, aggressively moved to evict Linda Jones and her son.
Proceedings and Findings
2019-2021: Efforts by Linda Jones to initiate the buyback were obstructed by Hugh Franklin.
March 24, 2021: Jones delivered an unconditional offer to purchase the property, which Franklin did not accept.
Applications: The court found Quinn breached the BBP and recognized a constructive trust over the property in favor of the Joneses.
Appeal Issues
Option Contract: Whether the BBP was an option contract requiring strict compliance.
Breach of BBP: Whether Quinn frustrated the respondents' exercise of the BBP.
Specific Performance: The order compelling the sale of the property under the BBP.
Return of Items: The order to return removed items and vehicles to their rightful owners.
Costs Award: Quinn's appeal against the $50,000 costs award.
Court of Appeal Decision
BBP as Option: Affirmed as an option requiring good faith.
Frustration of BBP: Upheld Franklin's obstruction.
Specific Performance: Affirmed the order for the property transfer.
Return of Items: Quashed order for unspecified items, upheld vehicle return.
Costs Award: Denied appeal, maintaining $50,000 award to respondents.
