McFarland v. Hauser et al.

[1979] 1 SCR 337 Court SCC Decision date 1978-10-03 English

PartiesBarry Glen McFarland (Plaintiff) Appellant·John Hauser (Defendant) Respondent·Thomas F. Sunderland (Defendant) Respondent

Counsel (6)

R.F. Babki and J.N. LeGrandeur, for the plaintiff, appellant.
W.D. Maxwell, for the defendant, respondent Hauser.
R. Kambeitz and M.J. Sychuk, for the defendant, respondent Sunderland.
Solicitors for the plaintiff, appellant: Rice & Co., Lethbridge.
Solicitors for the defendant, respondent, Hauser: Jacobson & Maxwell, Lethbridge.
Solicitor for the defendant, respondent, Sunderland: Fleming, Neve, Kambeitz & Pottinger, Calgary.

Judges Laskin, Bora; Martland, Ronald; Ritchie, Roland Almon; Spence, Wishart Flett; Estey, Willard Zebedee

Delivered by Judgment of the Court

On appeal from Alberta

Subjects Property law

Contents

Judgment of the Court

The judgment of the Court was delivered by

That the right of first refusal was void by reason of non-compliance with The Dower Act;

That the right of first refusal was void by reason of the same having been entered into in contravention of The Lord’s Day Act;

That McFarland had waived his rights under the right of first refusal;

That the right of first refusal was void for uncertainty;

That McFarland had in any event not duly exercised any right of first refusal which he did have;

That the remedy of Specific Performance was not available to McFarland as against the purchaser Sunderland;

That Sunderland was, by reason of the provisions of the Alberta Land Titles Act, entitled to priority over McFarland.

Footnotes

[1] (1977), 2 Alta. L.R. (2d) 289, 3 A.R. 449.
[2] [1978] 2 S.C.R. 44.
[3] [1975] 2 S.C.R. 715.
[4] [1961] S.C.R. 310.