CHARLESTON v RIC NEW BRUNSWICK INC, 2015 ABQB 306
3.73: Incorrect parties not fatal to actions
7.3: Summary Judgment (Application and decision)
The estate for a deceased real estate agent brought a claim for unpaid real estate commission in a Court ordered sale. The Defendant brought a motion for Summary Dismissal, arguing that the Plaintiff had no standing to sue because a claim for commission can only be brought by the brokerage house and not the associate who did the work at the brokerage house. The brokerage house disclaimed their interest in the claim.
Master Robertson dismissed the Summary Dismissal portion of the Claim, noting serious concern that the Court was being asked to deny a previous Court sanctioned commission payment simply because the wrong party asked for the payment to be made. Master Robertson also noted that Rule 3.73, relating to joinder of claims, is “differently worded” from former Rule 40. The current Rule is more detailed than the former Rule, and is intended to have a “more broad-reaching effect”. Master Robertson commented that, when Rule 3.73 is read with modern case law relating to claims by non-contracting parties, it may be applicable.View CanLII Details