Covey appealed a summary judgment ruling that found her in breach of a November 19, 2022, residential purchase contract requiring vacant possession by February 24, 2023.
The property had a tenant with a fixed-term lease expiring May 31, 2023, leading to disputes over whether Covey could comply.
The case involved contract interpretation, mistake, and summary judgment suitability.
Court’s Decision:
Appeal dismissed. The contract clearly required vacant possession, and Covey breached it.
Mistake & rectification claims were rejected due to insufficient evidence.
Summary judgment was appropriate for Dueck’s claim but not Covey’s third-party claims against the realtors, which proceed to trial.
Key Legal Findings:
Vacant Possession: The contract was unambiguous; Covey was responsible for ensuring the property was empty.
Mistake & Rectification: No proof of a prior oral agreement contradicting the contract’s terms.
Summary Judgment: The breach was clear, requiring no trial.
Third-Party Liability: Realtors’ liability must be determined at trial.
Conclusion:
Covey remains liable; damages and third-party claims will be assessed at trial.
