Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40768
Skyline Real Estate Acquisitions (III) Inc. v. Peterborough Retail Portfolio LP, by its General Partner, Peterborough Retail Portfolio GP Inc.
(Ontario) (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) |
|---|---|---|
| 2023-12-18 | Close file on Leave | |
| 2023-12-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-12-14 | Judgment on leave sent to the parties | |
| 2023-12-14 |
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 for Ontario, Number COA-22-CV-0150, 2023 ONCA 236, dated April 6, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2023-10-30 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-08-11 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-08-15, (Printed version filed on 2023-08-11) | Skyline Real Estate Acquisitions (III) Inc. |
| 2023-08-01 | Notice of name, (Book Form), Proof of Service received (1-8-2023), (Printed version due on 2023-08-09) | Peterborough Retail Portfolio LP, by its General Partner, Peterborough Retail Portfolio GP Inc. |
| 2023-08-01 | Certificate (on limitations to public access), (Letter Form), 23A | Peterborough Retail Portfolio LP, by its General Partner, Peterborough Retail Portfolio GP Inc. |
| 2023-08-01 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: Proof of Service (rec'd 2023-08-01), Completed on: 2023-08-15, (Printed version filed on 2023-08-01) |
Peterborough Retail Portfolio LP, by its General Partner, Peterborough Retail Portfolio GP Inc. |
| 2023-06-06 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2023-06-06 | |
| 2023-06-05 | Certificate (on limitations to public access), 23A | Skyline Real Estate Acquisitions (III) Inc. |
| 2023-06-05 | Notice of name | Skyline Real Estate Acquisitions (III) Inc. |
| 2023-06-05 |
Application for leave to appeal, (Book Form), REQUIRED: - Formal order form, rec'd 2023-06-07 - CA Order (rec'd 2023-07-12) - Filing fee, Completed on: 2023-07-12, (Printed version filed on 2023-06-05) |
Skyline Real Estate Acquisitions (III) Inc. |
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 |
|---|---|---|
| Skyline Real Estate Acquisitions (III) Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Peterborough Retail Portfolio LP, by its General Partner, Peterborough Retail Portfolio GP Inc. | Respondent | Active |
Counsel
Party: Skyline Real Estate Acquisitions (III) Inc.
Counsel
Zain Naqi
Patrick Wodhams
145 King Street West
Suite 2750
Toronto, Ontario
M5H 1J8
Telephone: (416) 598-1744
FAX: (416) 598-3730
Email: jlisus@lolg.ca
Agent
400 – 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 288-0149
FAX: (613) 688-0271
Email: abarqawi@conwaylitigation.ca
Party: Peterborough Retail Portfolio LP, by its General Partner, Peterborough Retail Portfolio GP Inc.
Counsel
Eric Leinveer
199 Bay Street, P.O. Box 25
Commerce Court West, Suite 4000
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4316
FAX: (416) 863-2653
Email: brad.berg@blakes.com
Agent
340 Albert Street
Suite 1750
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2224
FAX: (613) 788-2247
Email: alison.henderson@blakes.com
Summary
Keywords
Contracts — Commercial contracts — Performance — Purchaser entered agreement of purchase and sale with vendor but refused to close, alleging vendor failed to satisfy conditions — Purchaser found to have repudiated transaction and vendor entitled to retain deposit — What is scope and content of Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7, duty to exercise a contractual discretion in good faith when determining whether conditions precedent are satisfied in an agreement of purchase and sale, in particular, where such conditions contain clear, objective criteria for compliance — In what circumstances is a court entitled to rely on post-contractual events to inform interpretation of contract.
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.
The applicant purchaser, Skyline entered an agreement of purchase and sale with the respondent vendor to acquire two shopping plazas but refused to close, alleging that the respondent vendor failed to satisfy conditions involving the tenancies of two key tenants, Walmart and Dollarama. Skyline purported to cancel the contract and sought the return of the $3.25 million deposit.
Skyline brought an application for the return of the deposit. The application judge dismissed the application.
The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
2022 ONSC 4179, CV-20-646251
Purchaser applicant Skyline repudiated the transaction and vendor entitled to retain deposit.
Court of Appeal for Ontario
2023 ONCA 236, COA-22-CV-0150
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