Parties:

• Appellant: Pittman Brothers Production Ltd – a farming corporation.
• Respondents: Bonnie Jean Evans and Nancy June Skrynyk – sisters who inherited 540 acres of farmland.

Facts:

• The Pittman family had farmed the disputed lands for decades under lease agreements. In 2019, the respondents offered to sell the land to Pittman Brothers for $1.8 million.
• Email exchanges in January 2020 led to a disagreement on whether a binding contract was formed. The respondents ultimately sold the land to a third party for $2.254 million.
• Pittman Brothers claimed specific performance and filed a caveat on the land title, which the chambers judge dismissed, ruling damages were an adequate remedy.

Alberta Court of Appeal Decision:

• Majority (Justices Antonio and Grosse):

  • The appeal was allowed, reinstating Pittman Brothers’ claim for specific performance.
  • The chambers judge erred by placing the burden on the appellant to prove substitute land was unavailable and failing to fully consider whether damages were an adequate remedy.
  • Evidence showed issues about the land’s uniqueness and the adequacy of damages required a trial.

• Dissent (Justice Slatter):

  • Argued there was no enforceable contract and agreed damages were sufficient. Maintaining the caveat was unjust, as the land was not unique.

Outcome:
The appeal was allowed, and the case will proceed to trial on the issue of specific performance and the alleged contract. No monetary award specified.