How have courts applied Booth in the context of an oral agreement for sale and/ or or trust?
Alberta, Canada
The following excerpt is from Coulee Creek Consulting Inc. v. Minion Estate, 2010 ABQB 583 (CanLII):
Booth was applied by Lee J. in Jusza v. Dobosz, 2003 ABQB 512, where he stated at para 153: To attempt to prove their allegations of an oral agreement for sale and/ or trust, there must be proof of acts of part performance of the contract that are unequivocally referable to the contract. The acts of Dobosz must be found to be unequivocally referable to the alleged oral sale agreement and nothing less. By their own nature they must be referable to the alleged contract. The acts must speak for themselves, and must point unmistakably to a contract affecting the ownership or the tenure of the land and to nothing less.
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