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The Court of Appeal dismissed Citifund’s appeal, holding the commission clause was not triggered because the Trez commitment was not on terms acceptable to Vintop.
The court found the $500,000 transfer to be a gift, not an investment or loan, and dismissed the plaintiffs’ resulting trust and unjust enrichment claims.
The court dismissed most claims over Lot A access, but held that Lot C had an implied easement over Lot A based on the parties’ common intent and shared project use.
The court cancelled a CPL over two Surrey lots, finding the plaintiff had little chance of proving a binding assignment and that damages were an adequate remedy.
The court cancelled two CPLs and vacated a prior consent order after finding the defendants showed hardship and inconvenience, subject to $150,000 security.
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