Canada Case Law

Patrick Street Holdings Limited v. 11368 NL Inc.

Court

Newfoundland and Labrador Court of Appeal

The Court dismissed the appeal: it upheld the applications judge’s determination that the contractual rate of 18% applied to the Cheeke mortgage and, on the surplus issue, concluded the applications judge and this Court had previously determined that Patrick Street had not established any amount owing under mortgage 759678 and that estoppel doctrines (issue estoppel, cause of action estoppel) and abuse of process by relitigation barred Patrick Street from relitigating entitlement to the $4,000,000; accordingly the surplus (less Cheeke) was payable to 11368 and costs were awarded to 11368 on C…

Source excerpt

• Power of sale
• Surplus distribution
• Priority of encumbrances
• Collateral mortgage
• Guarantee
• Issue estoppel

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Hsu v. Hsu

Court

Supreme Court of British Columbia

The court resolved a family property dispute over the McMaster Property, finding no proven purchase contribution by Henry and holding the 2009 transfer was invalid.

• Resulting trust
• Inter vivos gift
• Donative intent
• Non est factum
• Unconscionable procurement
• Unjust enrichment

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Tellini v. Bell Alliance

Court

Supreme Court of British Columbia

The court found a conveyancing lawyer negligent for failing to advise a client about residency status, timing, reassessment risk, and transfer options, causing Foreign Buyers Tax.

• Foreign buyers tax
• Property transfer tax
• Spousal exemption
• Solicitor standard of care
• Reassessment
• Anti-avoidance provisions

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Comeau v. Smith

Court

Nova Scotia Small Claims Court

Because the Claimant complied with the prior order by executing and providing a quit claim deed and the Defendant failed to arrange the release within the ordered 60 days, the court ordered payment of $5,000 plus $150.08 in deed preparation costs, totaling $5,150.08, added to the judgment.

Source excerpt

• Quit claim deed
• Release of interest
• Enforcement of order
• Costs added to judgment

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Roy v. Cashen Estate

Court

Nova Scotia Court of Appeal

The 2004 quit claim deed by the mother to herself and her daughter validly severed the joint tenancy but operated only on the grantor's own half‑share; as a result the daughter holds a 75% interest and the grantor retained a 25% interest (now held by her estate); estoppel was not established and the grantor's subjective intention could not change the legal effect of the deed.

Source excerpt

• Severance of joint tenancy
• Tenancy in common
• Construction of deeds
• Deed to oneself
• Doctrine of estoppel
• Wills and succession

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1173928 Ontario Inc. v. 1463096 Ontario Inc.

Court

Court of Appeal for Ontario

117 failed to provide accurate and complete mortgage statements in response to mortgagor requests; the August 2010 schedule relied upon was incomplete and misleading; by operation of s.22(3) the mortgagee’s enforcement rights were suspended when 117 purported to conduct the Second and Third Sales, rendering those transfers ineffective and leaving title with 146; appeal dismissed and costs awarded to respondents.

Source excerpt

• Power of sale
• Mortgage statement (s.22 mortgages act)
• Notice of sale (s.31 mortgages act)
• Self-dealing / related-party sales
• Attornment of rents
• Suspension of enforcement rights

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Greater Molega Lake Lot Owners Association v. MacClure

Court

Nova Scotia Small Claims Court

Because Robert MacClure personally executed a Warranty Deed that expressly covenanted he would observe and perform the restrictions and covenants, he is contractually bound to pay the association assessments; the claim is a contractual debt within the Small Claims Court's jurisdiction, so judgment is entered for the Claimant for $1,162.20 plus costs; Freda MacClure is not bound absent evidence of an express covenant in her deed and the claim against her is dismissed.

Source excerpt

• Positive covenants
• Restrictive covenants
• Enforceability of deed covenants
• Homeowners association assessments
• Jurisdiction of small claims court
• Societies act compliance

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Palkowski v. Ivancic

Court

Court of Appeal for Ontario

The trial judge's unchallenged finding that the written purchase agreement was a sham meant there was no valid contract providing a juristic reason; the elements of unjust enrichment were satisfied, monetary damages were inadequate, and in the exercise of equitable discretion (with awareness of clean hands) a constructive trust/re-conveyance with an adjustment for the appellant's contributions was the appropriate remedy; appeal dismissed.

Source excerpt

• Constructive trust
• Express trust
• Sham transaction
• Unjust enrichment
• Clean hands doctrine
• S.37(1) clpa re-conveyance

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Sidhu v. 690174 B.C. Ltd.

Court

Supreme Court of British Columbia

The court dismissed B Con Developments Ltd.'s application to fix a new completion date for six lot sale contracts, finding the purchaser alone caused the non-completion.

• Time of the essence
• Completion date
• Court approval of sale
• Notice to complete
• Trustee's duty to realize assets
• Time-of-the-essence

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Hutchison v. Ridyard

Court

Supreme Court of British Columbia

Appeal from a small claims judgment dismissed. The court held the solicitor’s retainer was broader than scrivener duties and included advice on conveyancing consequences.

• Duty of care
• Standard of care
• Scope of retainer
• Causation
• Damages
• Pre-judgment interest

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