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The plaintiffs failed to prove an oral promise to gift the Black Creek Property to Meeka, and their proprietary estoppel, contract, and unjust enrichment claims were dismissed.
The court held that a 2005 tenancy agreement did not create a valid lease, and ordered vacant possession of the property to Cameo Farms Ltd.
The appeal is allowed because Arnold's application raised the same contested issues (validity of powers of attorney, undue influence, guardianship, capacity) as the pending proceedings; the application judge erred in treating the matter as uncontested at the application stage rather than consolidating and directing a trial, and therefore the appropriate remedy was to convert the application to an action, direct a trial and consolidate it with the pending proceedings; costs were awarded to Peter on appeal.
Source excerpt
The court set aside a procedural dismissal caused by an administrative error, but refused to reinstate the abandoned appeal because it had no realistic prospect of success.
Under settled law and the clear terms of the policy, a foster child is not a 'lawful child' entitled to beneficiary status absent formal adoption; there was no palpable or overriding error in the trial judge's application of these principles and the appeal is dismissed.
Source excerpt
The Supreme Court of Canada held that Strong v. Bird did not apply to the alleged gift, and the respondent had to account for the deceased’s moneys received under the power of attorney.
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