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The Court of Appeal allowed Ms. Sewell’s appeal, finding the seller’s disclosure statement misrepresented knowledge of an unpermitted addition and requiring return of the $300,000 deposit.
Summary trial real estate dispute over a $300,000 deposit and unpaid second deposit. The court dismissed the buyer’s claim and allowed the seller’s counterclaim.
Summary judgment was dismissed because the Large Note must be interpreted in the context of related agreements and the factual matrix; material disputes exist about the commercial purpose of the transaction, the effect of the General Release and Option documentation, whether pledged security was required for recourse, and whether a Liquidity Event occurred; resolving these requires weighing evidence and drawing inferences and therefore a trial is required; Thornridge failed to discharge its burden to show no genuine issue of material fact.
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Family property dispute in a divorce case. The court held the matrimonial home was a family asset, rejected title-based arguments, and reapportioned the equity in Emily’s favour.
Court dismissed most claims because the asserted rights and reliefs were founded on, intertwined with, or sought to benefit from pervasive illegal activity by the parties; ex turpi causa and equitable principles (clean hands/Torrens presumption) barred recovery of improperly shielded proceeds and tracing into later assets; title to College Highroad Home held by Jesko was respected; reapportionment granted for Costa Rica and Burnaby properties to respondent Sita based on preservation and contributions; spousal and child support claims by claimant were denied due to delay, lack of need causally…
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The court dismissed a summary trial application and a security-for-costs request in a family law dispute involving alleged undisclosed assets, fraudulent conveyances, and credibility conflicts.
The court dismissed a stay application, finding a good arguable case that British Columbia had territorial competence over claims involving trust funds wired to Liechtenstein.
A BC Supreme Court decision about an unwritten storage-business agreement, shareholder oppression, bankruptcy disclosure, and the enforceability of claims after trustee reassignment.
The court found bona fide triable issues over a disputed land-development joint venture and beneficial ownership, and converted the petition into an action.
The court held that a prior dismissal of the parties’ property claims, based on settlement and consent, barred the plaintiff’s second action as res judicata.
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