Heritage Property Corporation, Seventh Avenue Property Corporation, Stuart Block Inc. (Plaintiffs) sued Triovest Inc., Triovest Properties Inc., and related entities.(Defendants) for breach of a real estate purchase agreement concerning Lot 13, part of a redevelopment project in Calgary called the Landmark Centre.
The agreement required Defendants to provide a non-opposition letter supporting Plaintiffs’ re-zoning application, which Defendants did. However, Defendants later opposed Plaintiffs’ development permit.
Key Legal Issues:
Breach of Contract: Plaintiffs argued that Defendants breached the purchase agreement by opposing the development permit after agreeing not to oppose the re-zoning.
Good Faith: Plaintiffs claimed Defendants violated their duty to act in good faith under the contract.
Procedural History:
The case was summarily dismissed by Master Robertson in 2019, ruling that Defendants were only obligated to provide non-opposition for the re-zoning, not the development permit.
Plaintiffs appealed this dismissal and Defendants countered with an application to dismiss the appeal for delay.
Decision:
Appeal Dismissed: The court upheld the summary dismissal, affirming that the Defendants fulfilled their contractual obligations by not opposing the re-zoning. The contract did not prevent Defendants from opposing the development permit.
Delay Application Denied: Defendants’ request to dismiss the appeal for delay was denied, as much of the delay was due to circumstances beyond the Plaintiffs’ control.
