A dispute over a real estate transaction that began more than 60 years ago has been resolved in B.C. Supreme Court.
In a decision delivered orally on March 12 and posted online this week, Justice David A. Crerar ruled that the full purchase price for a four-unit apartment building in Port Moody had been paid, and that the property should be transferred to its new owner.
The building in question, located on St. Georges Street in Port Moody, near the city’s downtown, was built in 1954, according to BC Assessment. Its assessed value as of July 1, 2023, was more than $1.9 million.
The purchase
In 1961, according to the court decision, owner George May sold the property to Olive Clitheroe “through an agreement for sale of land.”
Under the agreement, which was registered on the title of the property, May would remain the building’s owner until the full purchase price was paid. That price was $18,700, with $3,500 paid up front and the rest – plus interest – paid in $100 monthly installments until Nov. 16, 1976.
Adjusted for inflation, the original purchase price equates to just $189,143.95 in 2024 dollars.
According to Crerar’s decision, the agreement called for the purchaser to be responsible for “paying all taxes and utilities for the property, and for keeping the property insured.” The purchaser was also entitled to collect rent on the building’s apartments.
In 1966, Clitheroe sold her rights to the property to Jim Montalbetti, who paid her an assignment fee and took over the payments on the original price.
Montalbetti later assigned the agreement again in 1971, this time to his family company Gooder Holdings (1968) Ltd.
Each of these assignments was registered against the property’s title, the court decision indicates.
Meanwhile, George May – who was still the owner listed on the title – transferred the property to his wife Elsie May.
George May died in 1975 and Elsie May died in 1999.
Gooder brought its claim against Lolita Alsina, in her capacity as the executor of Elsie May’s will. The company claimed that it had made all of the payments under the agreement as of 1987, but the title was never registered in its name.
It filed its lawsuit in July 2023, more than 30 years after the final payment, a delay it told the court was likely “an oversight.”
For her part, Alsina argued that Gooder never took any steps to complete the transfer of the property because it knew it had failed to make all of the payments required under the initial agreement, and that the building should continue to be owned by Elsie May’s estate.
$835.93 unaccounted for
Central to Alsina’s argument was the imperfect evidence Gooder brought before the court in support of its claim.
Crerar acknowledged this in his introduction to the decision.
“In this application, the court must solve a historical mystery based on unusual facts, with limited evidence from documents and witnesses,” the decision reads.
Ultimately, the judge concluded that the available evidence was sufficient for him to conclude that Gooder had likely completed the purchase as intended.
In reaching this conclusion, he noted that records provided by the company showed “a compelling long-term pattern of compliance with the monthly payments, albeit with a gap in payments and a gap in evidence.”
That gap fell between 1973 and 1976, according to the decision, with records outside those dates stretching as far back as 1966.
The judge found “a regular pattern of $100.30 payments regularly made on the 16th of each month, consistent with the agreement,” as well as some larger payments “from time to time.”
“All but $835.93 of the amount owed is supported by contemporaneous records of payments,” the decision reads. “Despite those gaps, and despite the fact that the payments are completed by 1987 rather than the anticipated 1976, the payments eventually pick up again, and continue until 1987.”
Crerar also noted that, throughout the more than five decades since the purchase agreement was assigned to Gooder, the company has – in all meaningful ways – acted as the building’s owner.
The company collected rent and paid all the property’s expenses, as required under the agreement. It also maintained the property and acted as the owner in ways not specified in the agreement, according to the decision.
“In December 1979, a mudslide caused damage to the bottom two apartment units on the property,” the decision reads.
“The province settled with Gooder, rather than with Mrs. May, paying $33,411. The settlement document is signed by Edward Donnelly. It confirms that Gooder owned the property, and stated that the sole encumbrance was that of ‘Mrs. May, Royal Bank of Canada.'”
Alsina argued that – by completing its payments in 1987, rather than in 1976 as required under the agreement – Gooder had breached the agreement. However, Crerar found that there was no evidence that Elsie May had ever attempted to demand payment or to void the agreement because of this delay.
Delayed payments do not automatically result in default, the judge noted.
He also dismissed Alsina’s assertion Gooder’s delay in bringing the court case was a deliberate attempt to shape the outcome in its favour.
“The respondent essentially accuses the petitioner of tactically lying in the weeds and only bringing this proceeding after the death of Mrs. May and possibly other relevant parties and witnesses, and the destruction and loss of documents,” the decision reads.
“There is no basis for this urged inference. It would be bizarre for the company to stop the monthly payments with only $835.93 owing (the unaccounted amount). The monthly payments were far from onerous: $100 a month. Gooder was receiving an income stream in the form of rents that exceeded this amount owed. There is no evidence of any inability on the part of Gooder to pay the monthly amounts, and it would be surprising if it could not. Gooder has existed for at least 56 years, and survives as a company to this day.”
Accordingly, Crerar granted Gooder’s application for a declaration that it had completed its obligations under the right to purchase agreement and an order that the property be conveyed to it.
MONTREAL – Two Quebec real estate brokers are facing fines and years-long suspensions for submitting bogus offers on homes to drive up prices during the COVID-19 pandemic.
Christine Girouard has been suspended for 14 years and her business partner, Jonathan Dauphinais-Fortin, has been suspended for nine years after Quebec’s authority of real estate brokerage found they used fake bids to get buyers to raise their offers.
Girouard is a well-known broker who previously starred on a Quebec reality show that follows top real estate agents in the province.
She is facing a fine of $50,000, while Dauphinais-Fortin has been fined $10,000.
The two brokers were suspended in May 2023 after La Presse published an article about their practices.
One buyer ended up paying $40,000 more than his initial offer in 2022 after Girouard and Dauphinais-Fortin concocted a second bid on the house he wanted to buy.
This report by The Canadian Press was first published Sept. 11, 2024.
MONTREAL – The Quebec Professional Association of Real Estate Brokers says Montreal-area home sales rose 9.3 per cent in August compared with the same month last year, with levels slightly higher than the historical average for this time of year.
The association says home sales in the region totalled 2,991 for the month, up from 2,737 in August 2023.
The median price for all housing types was up year-over-year, led by a six per cent increase for the price of a plex at $763,000 last month.
The median price for a single-family home rose 5.2 per cent to $590,000 and the median price for a condominium rose 4.4 per cent to $407,100.
QPAREB market analysis director Charles Brant says the strength of the Montreal resale market contrasts with declines in many other Canadian cities struggling with higher levels of household debt, lower savings and diminishing purchasing power.
Active listings for August jumped 18 per cent compared with a year earlier to 17,200, while new listings rose 1.7 per cent to 4,840.
This report by The Canadian Press was first published Sept. 6, 2024.
In the quest to find cities where renters can enjoy the best of all worlds, a recent study analyzed 24 metrics across three key categories—Housing & Economy, Quality of Life, and Community. The study ranked the 100 largest cities in Canada to determine which ones offer the most to their renters.
Here are the top 10 cities that emerged as the best for renters in 2024:
St. John’s, NL
St. John’s, Newfoundland and Labrador, stand out as the top city for renters in Canada for 2024. Known for its vibrant cultural scene, stunning natural beauty, and welcoming community, St. John’s offers an exceptional quality of life. The city boasts affordable housing, a robust economy, and low unemployment rates, making it an attractive option for those seeking a balanced and enriching living experience. Its rich history, picturesque harbour, and dynamic arts scene further enhance its appeal, ensuring that renters can enjoy both comfort and excitement in this charming coastal city.
Sherbrooke, QC
Sherbrooke, Quebec, emerges as a leading city for renters in Canada for 2024, offering a blend of affordability and quality of life. Nestled in the heart of the Eastern Townships, Sherbrooke is known for its picturesque landscapes, vibrant cultural scene, and strong community spirit. The city provides affordable rental options, low living costs, and a thriving local economy, making it an ideal destination for those seeking both comfort and economic stability. With its rich history, numerous parks, and dynamic arts and education sectors, Sherbrooke presents an inviting environment for renters looking for a well-rounded lifestyle.
Québec City, QC
Québec City, the capital of Quebec, stands out as a premier destination for renters in Canada for 2024. Known for its rich history, stunning architecture, and vibrant cultural heritage, this city offers an exceptional quality of life. Renters benefit from affordable housing, excellent public services, and a robust economy. The city’s charming streets, historic sites, and diverse culinary scene provide a unique living experience. With top-notch education institutions, numerous parks, and a strong sense of community, Québec City is an ideal choice for those seeking a dynamic and fulfilling lifestyle.
Trois-Rivières, QC
Trois-Rivières, nestled between Montreal and Quebec City, emerges as a top choice for renters in Canada. This historic city, known for its picturesque riverside views and rich cultural scene, offers an appealing blend of affordability and quality of life. Renters in Trois-Rivières enjoy reasonable housing costs, a low unemployment rate, and a vibrant community atmosphere. The city’s well-preserved historic sites, bustling arts community, and excellent educational institutions make it an attractive destination for those seeking a balanced and enriching lifestyle.
Saguenay, QC
Saguenay, located in the stunning Saguenay–Lac-Saint-Jean region of Quebec, is a prime destination for renters seeking affordable living amidst breathtaking natural beauty. Known for its picturesque fjords and vibrant cultural scene, Saguenay offers residents a high quality of life with lower housing costs compared to major urban centers. The city boasts a strong sense of community, excellent recreational opportunities, and a growing economy. For those looking to combine affordability with a rich cultural and natural environment, Saguenay stands out as an ideal choice.
Granby, QC
Granby, nestled in the heart of Quebec’s Eastern Townships, offers renters a delightful blend of small-town charm and ample opportunities. Known for its beautiful parks, vibrant cultural scene, and family-friendly environment, Granby provides an exceptional quality of life. The city’s affordable housing market and strong sense of community make it an attractive option for those seeking a peaceful yet dynamic place to live. With its renowned zoo, bustling downtown, and numerous outdoor activities, Granby is a hidden gem that caters to a diverse range of lifestyles.
Fredericton, NB
Fredericton, the capital city of New Brunswick, offers renters a harmonious blend of historical charm and modern amenities. Known for its vibrant arts scene, beautiful riverfront, and welcoming community, Fredericton provides an excellent quality of life. The city boasts affordable housing options, scenic parks, and a strong educational presence with institutions like the University of New Brunswick. Its rich cultural heritage, coupled with a thriving local economy, makes Fredericton an attractive destination for those seeking a balanced and fulfilling lifestyle.
Saint John, NB
Saint John, New Brunswick’s largest city, is a coastal gem known for its stunning waterfront and rich heritage. Nestled on the Bay of Fundy, it offers renters an affordable cost of living with a unique blend of historic architecture and modern conveniences. The city’s vibrant uptown area is bustling with shops, restaurants, and cultural attractions, while its scenic parks and outdoor spaces provide ample opportunities for recreation. Saint John’s strong sense of community and economic growth make it an inviting place for those looking to enjoy both urban and natural beauty.
Saint-Hyacinthe, QC
Saint-Hyacinthe, located in the Montérégie region of Quebec, is a vibrant city known for its strong agricultural roots and innovative spirit. Often referred to as the “Agricultural Technopolis,” it is home to numerous research centers and educational institutions. Renters in Saint-Hyacinthe benefit from a high quality of life with access to excellent local amenities, including parks, cultural events, and a thriving local food scene. The city’s affordable housing and close-knit community atmosphere make it an attractive option for those seeking a balanced and enriching lifestyle.
Lévis, QC
Lévis, located on the southern shore of the St. Lawrence River across from Quebec City, offers a unique blend of historical charm and modern conveniences. Known for its picturesque views and well-preserved heritage sites, Lévis is a city where history meets contemporary living. Residents enjoy a high quality of life with excellent public services, green spaces, and cultural activities. The city’s affordable housing options and strong sense of community make it a desirable place for renters looking for both tranquility and easy access to urban amenities.
This category looked at factors such as average rent, housing costs, rental availability, and unemployment rates. Québec stood out with 10 cities ranking at the top, demonstrating strong economic stability and affordable housing options, which are critical for renters looking for cost-effective living conditions.
Québec again led the pack in this category, with five cities in the top 10. Ontario followed closely with three cities. British Columbia excelled in walkability, with four cities achieving the highest walk scores, while Caledon topped the list for its extensive green spaces. These factors contribute significantly to the overall quality of life, making these cities attractive for renters.
Victoria, BC, emerged as the leader in this category due to its rich array of restaurants, museums, and educational institutions, offering a vibrant community life. St. John’s, NL, and Vancouver, BC, also ranked highly. Québec City, QC, and Lévis, QC, scored the highest in life satisfaction, reflecting a strong sense of community and well-being. Additionally, Saskatoon, SK, and Oshawa, ON, were noted for having residents with lower stress levels.
For a comprehensive view of the rankings and detailed interactive visuals, you can visit the full study by Point2Homes.
While no city can provide a perfect living experience for every renter, the cities highlighted in this study come remarkably close by excelling in key areas such as housing affordability, quality of life, and community engagement. These findings offer valuable insights for renters seeking the best places to live in Canada in 2024.
