Court of Appeal for Ontario
Date: 2025-03-27
Docket: COA-24-CV-1061
Before: Janet Simmons, D.A. Wilson, L. Madsen
Between
Michael Wayne Van Hove and Yvonne Florence Van Hove
Plaintiffs (Respondents)
and
Samuel Klaas Druyff, otherwise known as Samuel Klass Druyff, and Colleen M. Lindsay, otherwise known as Colleen Mary Lyndsay, otherwise known as Colleen Mary Druyff, otherwise known as Colleen Mary Lindsay-Druyff
Defendants (Appellants)
Derek Sinko, for the appellants
Peter Karsten, for the respondents
Heard and released orally: March 26, 2025
On appeal from the judgment of Justice Aubrey D. Hilliard of the Superior Court of Justice, dated September 11, 2024.
Reasons for Decision
1The purchasers submitted requisitions concerning oil and gas leases within the time frame for doing so under the agreement of purchase and sale. The motion judge erred in law in holding the requisitions were invalid because they did not go to the root of title: see, for example, Chan v. Mangal, 2022 ONSC 2068, 43 R.P.R. (6th) 165.
2We are not satisfied we are in a position on this record to determine the validity of the requisitions.
3The appeal is allowed, and the summary judgment is set aside.
4Costs of the appeal are to the appellants on a partial indemnity scale fixed in the amount of $10,000 inclusive of disbursements and HST. The costs order below is set aside.
“Janet Simmons J.A.”
“D.A. Wilson J.A.”
“L. Madsen J.A.”