Overview:
Jason Murray Shire sought a declaration that an Option to Purchase (OTP) agreement for the property at 37 Poplar Street, Kenosee Lake, Saskatchewan, was valid and binding against Richard Randall Brady (deceased, represented by executor Joseph Brady) and Lynn Brady. He also sought specific performance under the King's Bench Act (KBA), preventing the respondents from selling to anyone else, or alternatively, damages of $167,000.

Key Legal Issues:

• Validity of the OTP and Waiver of Breach:
  Jason argued that breaches of a February 2023 Tenancy Agreement, which could void the OTP, were waived. Text messages and actions by Richard and Joseph Brady supported waiver, including continued negotiations after defaults.

• Specific Performance and Damages:
  Jason invoked provisions under the KBA for specific performance, claiming the respondents acquiesced in rent payment delays and tenant insurance deficiencies.

• Certificate of Pending Litigation:
  Jason sought a certificate under s. 9-2 of the KBA to secure his interest in the property.

Decision and Costs:
The court upheld the OTP as valid and binding, ruling that breaches were knowingly waived by the respondents. It granted specific performance, prohibiting sale to others, and issued the certificate of pending litigation. The court awarded costs to Jason Murray Shire but did not specify the total amount in the document.

Outcome:
Jason succeeded in securing his purchase rights, demonstrating that the respondents' actions amounted to a waiver of contractual breaches.