Alberta judge, husband sued over sale of B.C. home

Brokerage firm suing for loss of commission on $3.4 million West Vancouver house

A top Alberta judge and her husband are being sued over an allegation that they breached a multiple listing contract involving the sale of a home in West Vancouver and owe a commission of $111,000 to a local real estate brokerage firm.

On April 13, 2016, Chief Justice Catherine Fraser of the Albert Court of Appeal and her husband, Richard Clarence Fraser, entered into the contract with Clara Hartree Realty Ltd., doing business as RE/MAX Clara Hartree, for the purpose of selling their home in the 4200-block Rockend Place in West Vancouver, according to a lawsuit filed by the real estate firm.

Eleven days later the couple entered into a contract of purchase and sale with two other people, with the buyers agreeing to purchase the four-bedroom home for $3.4 million, the suit claims.

In May of that year the buyers paid a deposit of $165,000 in trust to their broker and in June the parties agreed to change the completion date on the purchase contract to July 13 and to change the possession date to July 14, it claims.

The sale did not go through but because there was a binding contract for the sale during the term of the listing, the real estate brokerage firm is claiming they are entitled to a commission worth $111,300.

Scott Twining, a lawyer for the real estate firm, said there are a number of instances in which a commission can be payable.

One instance is when a sale goes through but another is if there is a binding contract of sale entered into during the term of the multiple listing agreement, Twining said, adding such a term is “standard.”

The suit says the defendants breached the contract in failing to pay the commission to the plaintiffs. The plaintiffs claim they’ve suffered loss, damage and expense including the loss of the commission, costs thrown away in listing and marketing the property for sale, and additional costs including legal costs.

Twining said although the lawsuit had been filed it had not yet been served on the Frasers.

“So they’re probably not aware that there is a lawsuit at this point. I do intend to serve it in the future but it has not yet been served.”

Vancouver lawyer Bill Knutson, who is representing the Frasers, said in an email: “This notice of civil claim will be met with a response and this disputed claim will be resolved through the courts.”

The couple have a permanent residence in Edmonton, according to the lawsuit. It’s not clear what use they make of the West Vancouver home.

The lawsuit contains allegations that have not been tested in court.