Background

• The appellants, Heritage Property Corporation, Seventh Avenue Property Corporation, Stuart Block Inc., sought to develop land in Calgary, requiring rezoning and a development permit.
• They agreed to sell Lot 13 to the respondents, Triovest Inc., Triovest Properties Inc., 1704873 Alberta Inc., 1908762 Alberta Ltd., who signed a non-opposition letter for rezoning; the agreement was silent on the development permit.
• Rezoning was approved, and the appellants obtained a development permit, but neighboring landowners opposed it before the Subdivision and Development Appeal Board (SDAB).
• The respondents joined the opposition after an unsuccessful attempt to purchase the entire parcel from the appellants.
• The SDAB revoked the permit, creditors lost confidence, and the land was sold via judicial sale—which the respondents later purchased at a reduced price.

Key Legal Issues & Court Findings

1. Breach of Contract & Good Faith
   • The appellants alleged respondents violated the Lot 13 agreement’s intent and acted in bad faith.
   • The Court ruled the agreement only required non-opposition to rezoning, not the development permit.
2. Summary Dismissal
   • The chambers judge upheld dismissal, finding no genuine issue for trial.
3. Good Faith & Contractual Honesty
   • The duty of honest performance cannot create new obligations beyond the contract.

Appeal Outcome

• Appeal dismissed; no dishonesty found.
• Reminder issued on compliance with court filing rules.
• No monetary award specified.