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Canada decisions
Decisions matching the current search
The court held that a post-vesting redemption could not stand, found the vesting order inoperative after the mortgage discharge and changed title, and set it aside.
The court converted a partition petition into an action and referred it to trial because of conflicting affidavit evidence and a related pending litigation claim.
The British Columbia Court of Appeal set aside a negligence finding against a notary, holding the trial judge’s factual causation analysis was speculative.
The court held a restrictive covenant valid and enforceable, rejected claims that the petition was premature, and found the covenant expires on October 14, 2027.
Appeal dismissed in a dispute over longstanding driveway access. The Court upheld an equitable easement based on proprietary estoppel and rejected the clean hands argument.
The court held that Albert Suen held Pender Street in trust for Andy, and that Capstan Way was subject to a resulting trust in Andy’s favour.
The Court of Appeal dismissed an appeal from an order nisi in foreclosure proceedings, holding the appellant’s trust claim did not engage the Land Title Act fraud exception.
The Court of Appeal held that the 1978 agreement was positive in substance, not a restrictive covenant, and ordered it cancelled as a charge against Aquadel’s land.
The court held that a registered mortgage and assignment were forged, void, and unenforceable against the respondent’s land, ordering the charges discharged.
The court upheld a shared facilities easement between strata corporations, rejected arguments of invalidity and fiduciary breach, and granted an injunction against interference.
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