Key Facts:
- Property: Oblates Mansion, a Provincial and Municipal Historic Resource in Edmonton.
- Ownership: 152 owned the property from Dec 2013 to Jan 2018.
- Structural Issues: Damage to a metal lintel and surrounding wall on the third floor was found.
- Offer to Purchase: 119 offered to purchase the property on July 20, 2017.
Addendum:
- Signed on November 15, 2017.
- Terms: $100,000 holdback for renovation costs to meet historical and structural requirements.
Plaintiff's Position:
- Completed required renovations, obtained necessary approvals, and provided receipts, entitling them to the holdback.
Defendant's Position:
- Argued lintel work was excluded from the addendum, asserting the holdback was for other renovations, specifically third-floor bathrooms.
Issues:
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Was the $100,000 reduction for lintel repairs?
- Finding: No agreement that the price reduction was for lintel repairs.
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Did the addendum cover lintel work?
- Finding: Yes, it included “renovations commenced by the seller.”
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Was direction from Alberta Culture received?
- Finding: Yes, the project approval constituted direction.
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Did 119 commence the work within one month?
- Finding: Yes, within the required timeframe.
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Were proper receipts provided?
- Finding: Yes, the documents met the requirement of receipts.
Judgment: 119 is entitled to the release of $97,941.25 from the holdback funds.