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1197093 Alberta Ltd. v. 1529771 Alberta Ltd.

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:

  1. Was the $100,000 reduction for lintel repairs?

    • Finding: No agreement that the price reduction was for lintel repairs.
  2. Did the addendum cover lintel work?

    • Finding: Yes, it included “renovations commenced by the seller.”
  3. Was direction from Alberta Culture received?

    • Finding: Yes, the project approval constituted direction.
  4. Did 119 commence the work within one month?

    • Finding: Yes, within the required timeframe.
  5. 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.

1197093 Alberta Ltd.
Law Firm / Organization
Nicholl & Akers
Lawyer(s)

Lisa Martens

1529771 Alberta Ltd.
Law Firm / Organization
Robert D. Gillespie Law Office
Court of King's Bench of Alberta
2003 00698
Real estate
$ 97,941
Plaintiff