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Judicial review of an RTB decision dismissing tenants’ rent-overpayment claim was dismissed; the court held the fixed-term agreement and estoppel reasoning were not patently unreasonable.
Adjudicator found outstanding balance calculated from invoices and payments equalled $14,950 (holdback of 10% of $130,000 plus HST) and awarded the Claimant that entitlement net of allowed counterclaim items; defendant's major counterclaim for delay was dismissed because the November 25, 2019 email constituted a representation/waiver estopping the defendant from pursuing delay damages and because the defendant failed to prove other alleged breaches or provide required written notices under the contract; ambiguous contract terms construed against the drafter and limited liability for items not…
Source excerpt
The court held the motor vehicle injury claim was statute-barred and dismissed the action, finding no estoppel and no acknowledgment extending limitation.
The Federal Court held that CPR’s expert reports were proper responding evidence on subsidies central to the Crown’s estoppel defence and allowed them at trial.
Summary trial application dismissed in a pension contribution dispute. The court found key credibility conflicts and evidentiary gaps required a conventional trial.
The court granted leave to file an amended third party notice, holding the proposed claim had arguable merit and that limitation issues should be decided later.
Judicial review of an RTB possession order was allowed because the arbitrator’s reasons were patently unreasonable, including failures on statutory interpretation, estoppel, and the email evidence.
The court dismissed a summary trial application in a contract dispute over a development permit clause, finding the evidence too conflicted to decide the issues.
The court held that Douglas Jay was not a tenant under the Strata Property Act, had no valid assignment to stand for council, and could not rely on estoppel.
The court upheld a restrictive parking covenant and dismissed the petition to cancel or modify it under the Property Law Act, finding no uncertainty, obsolescence, or estoppel.
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