Nature Conservancy of Canada/Societe Canadienne Pour La Conservation De La Nature v. Waterton Land Trust Ltd.

摘要

Real property - Easements - Disturbance of easements - Miscellaneous - Defendant TO bought, from plaintiff nature conservancy, large cattle ranch on which he planned to place wild bison - Plaintiff arranged for conservation easement (CE) to be registered against titles to property to ensure, inter alia, that it would not impede future wildlife migrations - TO began to replace old fences around perimeter with new fencing - Plaintiff contended that new fencing breached terms of easement, as it was higher than allowed and would impede migrating wildlife - Plaintiff brought action to enforce CE and to require modification of fences - Counterclaim was brought, raising various issues - Version of CE argued by defendant TO was enforceable one; counterclaim allowed in part - Court could rectify CE amending agreement to accord with parties' actual oral agreement, which was as TO described - Parties were ad idem to include agreed fence height restriction in CE amending agreement -Challenged document contained mistake and did not conform to parties intentions and prior oral agreement - Necessary elements were established to standard of "convincing proof for rectification of contract in case of mutual mistake - Allowing plaintiff to rely on incorrect fencing provision would unjustly enrich plaintiff-TO's new fencing did not breach fence height restriction -TO was not shown to have placed new fencing in new locations without permission - New fence was not wildlife-proof, and in fact was wildlife permeable -As to counterclaim, plaintiff did not breach obligation to interpret and enforce CE in good faith, as there was no such implied term.