2 total
Unregistered broker's claim for commission on sale of business via share transaction is not barred.
The appellant, an unregistered broker, sued for compensation under an agreement to sell the respondents' business and real estate.
The motion judge stayed the action under s. 22 of the Real Estate and Business Brokers Act, which bars actions for remuneration in connection with a trade in real estate by unregistered persons.
On appeal, the Court of Appeal held that s. 22 does not apply to the sale of a business effected by a share transaction, relying on Supreme Court precedent.
The stay was set aside regarding the claim for the sale of the business, but affirmed for claims relating to the lease extension and other services.
Appeal dismissed; trial judge reasonably found purchasers agreed to buy property subject to known encumbrances.
The appellants appealed a trial judgment dismissing their claims against the vendor regarding a real estate transaction.
The Court of Appeal upheld the trial judge's finding that the appellants had agreed to purchase the property subject to a lease, an option to purchase, and an encroachment noted on the sketch attached to the agreement of purchase and sale.
The appeal was dismissed with costs awarded to the respondent.
