ARTICLE
22 August 2019

Agricultural Law NetLetter - Wednesday, August 7, 2019 - Issue 424

MT
Miller Thomson LLP

Contributor

Miller Thomson LLP (“Miller Thomson”) is a national business law firm with approximately 525 lawyers working from 10 offices across Canada. The firm offers a complete range of business law and advocacy services. Miller Thomson works regularly with in-house legal departments and external counsel worldwide to facilitate cross-border and multinational transactions and business needs. Miller Thomson offices are located in Vancouver, Calgary, Edmonton, Regina, Saskatoon, London, Waterloo Region, Toronto, Vaughan and Montréal.
A twice-monthly current awareness service reviewing recent cases on land use, marketing boards, environmental issues, creditor rights, animals, grain, import/export and other matters in an agricultural context.
Canada Real Estate and Construction

HIGHLIGHTS

  • A justice of the Court of Queen's Bench of Alberta has granted specific performance by ordering the transfer of farm land in accordance with the terms of an Option to Purchase. The court reviews Alberta law with respect to the exercise of options to purchase. Specific performance rather than damages was awarded, as damages were held to be an inadequate remedy due to the plaintiff's personal connection with the farm land. The land had special meaning to the Plaintiff because it had been her parents' historical home quarter when they immigrated to Canada. (Morrison v. Daus Estate, CALN/2019-015, [2019] A.J. No. 814, Alberta Court of Queen's Bench)

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Originally published by LexisNexis.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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