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Canada decisions
Decisions matching the current search
The court dismissed a defendant’s late applications to amend its pleading, file a counterclaim, and adjourn trial in a construction dispute, finding undue delay and prejudice.
Summary judgment was dismissed because limitation period and res judicata issues could not be resolved without weighing disputed facts.
The court held the respondent held her one-quarter interest in trust for the petitioners, rejected limitation and laches defences, and dismissed the unjust enrichment cross-petition.
The court declined to dismiss the family law claim on summary trial, found the child support claim time-barred, ordered security for costs, and ordered no costs.
The Court of Appeal dismissed appeals about alleged loan repayment and overpayment claims, finding no palpable factual error and no basis to disturb limitation-related findings.
Leave to appeal was granted in a foreclosure matter raising an arguable issue about whether debt and mortgage security had different limitation periods.
The court declared a resulting trust over Lot 3, finding the plaintiff did not intend a gift when she signed notarized transfer documents. The defendants' quantum meruit claim failed.
Mortgage foreclosure trial on whether old loans were statute barred. Two estate claims failed; one mortgage claim survived because payments by an authorized agent confirmed the debt.
The court granted leave to add Gurdave Kaur Cheema as a defendant and to file an amended notice of civil claim in a trust and tracing dispute.
The court found the defendant fraudulently misrepresented a $46,000 transfer meant for a friend in China, ordered payment of principal net of repayments, $16,000 interest, and costs.
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