Case # 35461
Société en commandite Place Mullins, et al. v. Services immobiliers Diane Bisson inc. (March 18, 2015)
The appellant Place Mullins signed an exclusive brokerage contract with the respondent broker. The brokerage contract gave the appellant a mandate to sell a property in Montréal. The contract stated that the broker would be entitled to a commission upon “agreement concerning the sale” of the property. The broker obtained a promise to purchase that was conditional on the inspection being satisfactory to the promisor-purchaser. The inspection revealed the property had oil contamination which the appellant refused to clean up. Following this the sale never took place and the
appellant therefore refused to pay the broker a commission. As a result, the broker filed a motion to institute proceedings for the recovery of money against the appellant. The superior court dismissed the action and a majority of the court of appeal reversed that decision.