Legal Wit — Wishing Doesn't Make it True

Legal Wit — Wishing Doesn't Make it True


Dressing up its pleading as the Plaintiff does cannot overcome the fact that absent a contract between the parties the Plaintiff cannot have an interest in the land. By that I mean an interest in the land which the law recognizes as an interest in the land, as opposed to being interested in the land.

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Obviously the Plaintiff wants the land and it is willing to pay $393,000 for it. But "wants" do not create legal rights. I might want to be the Chief Justice of Canada but it will not be (fortunately, some would say). The example is an extreme but it illustrates the point.

 

Becker Developments Ltd. v. Alberta (WestlawNext Canada)

1996 CarswellAlta 317  (Westlaw Canada)

Alberta Court of Queen's Bench

 
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