IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Eagles v. Buchanan, 2008 NSSC 99
Date: (20080215)
Docket: SN No. 247764
Registry: Sydney
Between:
Ralph Eagles and Bernice Eagles
Plaintiffs/
Defendants by Counterclaim
v.
Earl Buchanan and Mary Buchanan-Beaton
Defendants/
Plaintiffs by Counterclaim
LIBRARY HEADING
Judge: The Honourable Justice Frank Edwards
Heard: February 11, 12 and 15, 2008, in Sydney, Nova Scotia
Final Written
Submissions: February 27, 2008
Oral Decision: February 15, 2008
Written
Decision: April 8, 2008
Subject: Real property - rent to own agreement.
Facts: The parties entered into a rent to own agreement using a form provided by the Defendants. A dispute arose regarding reimbursement of the Defendants for the cost of municipal taxes, water and insurance. The Defendants attempted to terminate the agreement. The Plaintiffs sued for specific performance. The Defendants counterclaimed inter alia for lost rent.
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Issue: Were the Plaintiffs entitled to specific performance.
Result: Specific performance granted. The Defendants were obliged to provide receipts for expenses (taxes, water, insurance) paid before becoming entitled to reimbursement or repudiation of the agreement. They refused to provide same. The Plaintiffs adhered to their obligations under the Agreement. The Counterclaim was dismissed. The Plaintiffs were awarded costs.
Cases Noted: Maisonneuve v. Delaurier 2007 Carswell B.C. 457 (S.C.);
Gilbert v. Fotherby, [2007] N.S.J. No. 295; 2007 NSSC 211;
Francis v. Clarke, [1999] N.S.J. No. 289; (1999) 178 NSR (2d) 168
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.