Contract allowed applicant to set price for burial plots in portion of cemetery operated by it

Real Property – Cemeteries – Rights of owners of burial plots

Applicant and respondent entered into contract for development and management of non-profit cemetery. Applicant took position that it had right to set price list for burial plots in portion of cemetery which was operated by it. Application took position that price list set by it governed calculation of care and maintenance fund contributions under Funeral, Burial and Cremation Services Act. Application for ruling and series of declarations upholding its interpretation of contract was granted and applicant’s interpretation of contract prevailed. There was nothing in applicant's interpretation of contract which ran afoul of Act. Contract allowed applicant to set price for burial plots in portion of cemetery operated by it. Respondent appealed. Appeal dismissed. Application judge rejected respondent’s proposed interpretation of agreement. No palpable and overriding error or extricable error of law was seen in her interpretation.

Muslim Green Cemeteries Corporation v. Toronto Muslim Cemetery Corp. (2020), 2020 CarswellOnt 1321, 2020 ONCA 94, (Ont. C.A.); affirmed (2019), 2019 CarswellOnt 766, 2019 ONSC 87, J. Copeland J. (Ont. S.C.J.).

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