Case information
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38007
Michael John Popp, et al. v. Cheryl Angela Mucz, et al.
(Manitoba) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2018-11-16 | Close file on Leave | |
| 2018-11-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-11-09 | Judgment on leave sent to the parties | |
| 2018-11-08 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AI17-30-08902, 2018 MBCA 6, dated January 24, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2018-10-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-04-25 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-04-25 | Michael John Popp |
| 2018-04-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-04-17 | Cheryl Angela Mucz |
| 2018-03-19 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2018-03-19 | |
| 2018-03-15 | Certificate (on limitations to public access) | Michael John Popp |
| 2018-03-15 | Application for leave to appeal, (Book Form), CA order missing (Received on 2018-03-28), Completed on: 2018-04-06 | Michael John Popp |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Popp, Michael John | Applicant | Active |
| Popp, Barry Michael | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mucz, Cheryl Angela | Respondent | Active |
| Sych, Caren Agnes | Respondent | Active |
Counsel
Party: Popp, Michael John
Counsel
2500 - 360 Main Street
Winnipeg, Manitoba
R3C 4H6
Telephone: (204) 956-0560
FAX: (204) 957-0227
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Popp, Barry Michael
Counsel
2500 - 360 Main Street
Winnipeg, Manitoba
R3C 4H6
Telephone: (204) 956-0560
FAX: (204) 957-0227
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Mucz, Cheryl Angela
Counsel
300-305 Broadway
Winnipeg, Manitoba
R3C 3J7
Telephone: (204) 925-5383
FAX: (204) 421-8566
Email: tcrane@ddwestllp.com
Party: Sych, Caren Agnes
Counsel
300-305 Broadway
Winnipeg, Manitoba
R3C 3J7
Telephone: (204) 925-5383
FAX: (204) 421-8566
Email: tcrane@ddwestllp.com
Summary
Keywords
Property law – Real property – Partition or sale – What should courts consider in exercising their discretion to order the sale or partition of land – Should courts consider whether a property could be reasonably partitioned.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Each of the parties owns as tenants in common an undivided one-fourth interest in the family farm, pursuant to their mother’s estate. The respondent sisters have no interest in farming and wish to sell their undivided interests for the highest price, which may be an unsolicited offer received from a land developer. They brought a motion for an order of sale of the property and for an accounting from the applicants on the farming income and profits. The applicant brothers wish to keep the farm for sentimental reasons and to permit one brother to continue making his living by farming it. The respondents declined an offer by the applicants to purchase their interests based on appraisals of the farm obtained by the parties. The applicants resist the order for sale, arguing that since they had offered the respondents fair market value for their interests, a partition or sale of the farm is unnecessary, vexatious and oppressive. Alternatively, they argue a court should make an order for partition rather than an order for sale of the land.
The Court of Queen’s Bench of Manitoba granted an order for the sale of the property, giving one of the applicants the right to meet the best arm’s length offer on the same terms and conditions within a week of it being made. The court directed a master review accounts, subject to a separate determination of whether a lease existed. The Court of Appeal of Manitoba dismissed the appeal.
Lower court rulings
Court of Queen’s Bench of Manitoba
PR 13-01-93843 - 2017 MBQB 101
Order granting respondents’ application for an order for sale of farm property, with one applicant given right to meet best arm’s length offer
Court of Appeal of Manitoba
AI17-30-08902, 2018 MBCA 6
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available