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The Court dismissed Forseed’s claim that the Bank wrongly seized pledged funds, holding the GICs were proceeds of the pledged account and that estoppel barred the challenge.
The court allowed most pleading amendments, including a wrongful dismissal claim and joinder of Jeet, but confined allegations about Sandy and rejected set-off.
The court refused to strike the pleadings but granted summary judgment for the defendant, finding the plaintiffs had mutually terminated the agreement by reclaiming the deposit.
The trustee is not estopped from asserting claims prior to a conditional or absolute discharge and the Court is not bound by a trustee’s unilateral calculation; the proper valuation date is the discharge hearing date; mortgage life insurance paid directly to the mortgagee pursuant to s.198 Insurance Act is not part of the bankrupt’s estate and does not increase the bankrupt’s equity for estate distribution on these facts; the Court calculated the net equity attributable to the deceased as $9,364.48 and ordered the trustee to remain on title for the deceased’s undivided half-interest but to co…
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The court refused to extend an easement by equity or injunction, reduced the registered easement by 0.525 metres, and granted Maple Sunshine time to elect under the phased strata plan.
Courts restore an erroneously removed restrictive covenant to title, holding that a beneficial owner could not rely on Land Title Act protection to defeat restoration.
The court dismissed TNW’s application to file a third party response, holding the proposed pleading was an abuse of process because it contradicted prior admissions about the lease.
The court held that the remediation term was not a condition precedent, found the buyer had affirmed the contract and was estopped from relying on breach, and ordered forfeiture of the $105,000 deposit.
The court held FIR was not acting as an unincorporated association, rejected the claimed basis for contingency contributions, and dismissed estoppel. The defendants succeeded on their loan counterclaim.
The court ordered production of settlement documents except one privileged solicitor letter, allowed amendments to pleadings, struck part of the fraud claim against Glassman, and ordered particulars.
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