Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
Court held trust documents are presumptively disclosable to beneficiaries, with redactions left to the trustee’s fiduciary discretion subject to limited judicial review.
Because the lawyer-approval clause vested termination within the solicitor's sole discretion, the respondents were not required to disclose privileged communications or reasons and the application judge permissibly found that the respondents validly exercised the termination condition; the appeal therefore fails.
Source excerpt
The court ordered a law firm to remit disputed funds to a bankruptcy trustee and produce an unredacted trust ledger for tracing sale proceeds.
The appeal is dismissed. The appellant is out of time to challenge the motion judge's pre-trial directions. The trial judge did not err: the evidence supports a finding that the corporate counsel reviewed the commercial terms and the appellant, with full knowledge of counsel's concerns, unequivocally proceeded in a manner that amounted to waiver of the approval component of the escrow condition; factual findings are entitled to appellate deference, and therefore the separation agreement is enforceable.
Source excerpt
The court dismissed strike and privilege-waiver applications, allowed amendments by consent, ordered updated document-verification affidavits, and permitted limited further discovery.
The court declined to review unredacted legal accounts for special costs where privilege was asserted, leaving the claimant to waive privilege or defer assessment.
Appeal dismissed in a failed real estate purchase dispute. The court held a privilege-related factual error did not undermine causation, and repudiation was not accepted until the later sale.
The court partly allowed an amendment to a third party notice, but barred allegations based on a without prejudice meeting because they were protected by settlement privilege.
The Court of Appeal ordered partial security for appeal and trial costs, stayed the appeal for 30 days, and allowed the respondents to seek dismissal if security was not posted.
The court held Elaine Slatter could not use her role as director to obtain Slatter Holdings’ privileged solicitor files for her family law claim.
Explore more
