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Summary trial over a seized skid steer turned on ownership. The court found the plaintiff failed to prove he or his son owned it and declared it Effin Trucking Ltd.’s property.
The court denied special costs and Scale C costs, held the interpleader costs could not be revisited, and ordered ordinary Scale B costs for White Castle and Abby Mews.
The motion judge erred by treating the respondents as able to assert a limitations defense on behalf of the defendants; because the defendants never pleaded a limitations defence and had acted to invite and accommodate the Estate's claim, the Estate's claim against the defendants was not barred for purposes of adding the Estate as a necessary party under r.5.03(1); accordingly the appeal is allowed and the Estate is to be added as a party.
Source excerpt
The Supreme Court of Canada granted a motion to quash Ezrin’s appeal because he lacked status and the appeal was devoid of merit, involving concurrent findings of fact.
Appeal over ownership and possession of horses dismissed with costs. The Supreme Court of Canada affirmed the Alberta judgment in favour of the respondent.
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