Background: Armstrong sought to enforce a 2017 real estate contract, claiming Gula agreed to sell land near Cherry Point, Alberta, for $330,000. Gula later contested the contract’s validity, alleging he never knowingly signed or was tricked into signing.
Defendant's Position: The Estate sought summary dismissal, arguing the contract was void or unenforceable due to:
Forgery,
Gula’s lack of capacity,
Misrepresentation by Armstrong,
Unconscionability, and
Failure to provide written notice to waive conditions by the deadline.
Court's Decision: Justice M.A. Marion ruled that Armstrong did not provide the required written notice to waive purchaser’s conditions, as stipulated in the contract. This failure caused the contract to end on its terms. The Court found no genuine issue requiring a trial and summarily dismissed Armstrong’s claim.
The document does not specify a total monetary award
Legal Principles:
Summary dismissal applies when there is no merit or genuine issue requiring a trial.
Contract interpretation demands strict adherence to terms, especially regarding waivers and deadlines.
Sufficient evidence is required to avoid dismissal; Armstrong failed to meet this threshold.
