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The court enforced a parental loan agreement, dismissed unjust enrichment and conspiracy claims, denied relocation, adjusted parenting, and granted divorce.
Nova Scotia courts will permit supplementation of an adverse party's discovery evidence where the tendered supplemental excerpts are clearly and directly connected to the impugned portions and are necessary to preserve the accuracy and integrity of the evidence; applying that test here, the Court allowed MFCS to tender narrow supplemental discovery from its witnesses because the additional material was directly connected, corrective, and necessary to avoid a misleading impression about ownership/control of funds used to construct the Building.
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The Court of Appeal dismissed Mr. Bao’s appeal, upholding $400,000 in damages against Welltrend Beijing for using his signature on provincial nominee applications.
Because the parties held the property as joint tenants the presumption of equal sharing applied and the respondent failed to rebut that presumption on the balance of probabilities; unjust enrichment claim failed; court had jurisdiction to award occupation rent and awarded $250/month from March 2022 to closing; property must be listed and sold and net proceeds divided equally with specified interim financial adjustments and cooperation obligations.
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Appellants failed to comply with s.12 by neither returning the security deposit within ten days nor applying to the Director to retain it; there was no arrears or proven damage to justify retention; unjust enrichment principles require reimbursement of prepaid rent for the period the tenant did not occupy; moving and storage costs were not proved, therefore award tenant security deposit and prorated rent but not moving costs.
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The Court upheld the trial judge's factual findings that the invoicing errors were technical and not apparent on their face, that the respondent did not and could not, with reasonable diligence, have discovered the errors before the 2017 consultant report, and therefore the limitation period did not begin until 2017; unjust enrichment was established and restitution in the amount awarded by the trial judge was justified; appeal dismissed.
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The court dismissed the defendants’ summary trial application in a commercial financing dispute, finding the issues too complex and factually contested for summary resolution.
The court accepted the qualified expert appraisal valuing the home at $825,000, deducted notional disposition costs to derive net value and equity, and applied the Partition Act presumption that jointly‑titled owners are equally entitled to net equity. The presumption was not rebutted by asserted unequal contributions. The court therefore allocated equal shares of the net equity subject to specific adjustments: repayment of the $20,000 Stittsville loan to LaKing from Nadeau’s share, reimbursement of half of post‑separation mortgage payments to Nadeau ($4,632), and award to Nadeau for unjust e…
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Because the Agreement contained no ascertainable contractual interest rate, and the sums owed were determinable under the holdback provision (i.e., liquidated claims), prejudgment interest was governed by Rule 70.07 at simple 5% per annum; interest already earned on the trust holdback was deducted to avoid double recovery; further, solicitor-and-client style uplift was warranted and costs increased because NewCo persisted with baseless fraud allegations despite contrary evidence, resulting in judgment for the Applicant of CAD 350,693.15 and costs to Respondents of CAD 60,000.
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The Federal Court certified a class proceeding alleging systemic negligence, Charter breaches, unjust enrichment and punitive damages claims arising from removals of Indigenous children.
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