Appellant
Respondent
Background: The case involved a family dispute over land ownership. Glenda Centrone, along with her parents, Marian and Glen Jones, were defendants. The plaintiffs, Michael Jones and Bernice Jones, claimed that they had an enforceable agreement to purchase part of the land, including a strip known as the "Panhandle." Despite partial payment, the entire property was transferred to Glenda Centrone.
Legal Issues: The main issue was whether an enforceable contract existed between the parties for the sale of the land. The court examined whether the agreement met the criteria under Section 59(3) of the Law and Equity Act. Another issue was whether the Panhandle was included in the land to be transferred to the plaintiffs.
Court Findings: Justice Lyster found in favor of Michael and Bernice Jones, concluding that an enforceable agreement existed, which included the Panhandle. The court ordered specific performance, requiring Glenda Centrone to transfer the land to the plaintiffs. The court determined that the land was unique and irreplaceable for the plaintiffs’ retirement plans.
Appeal and Costs: Glenda Centrone later attempted to reactivate her appeal after a 17-month delay but was unsuccessful. The court dismissed her application, citing inordinate delay and prejudice to the respondents. The total amount of costs awarded to Michael and Bernice Jones was $32,378.08. The court also noted that the respondents incurred $24,632.25 in surveying costs, further reinforcing their claim.
Court
Court of Appeals for British ColumbiaCase Number
CA48672Practice Area
Real estateAmount
Winner
RespondentTrial Start Date
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