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Interim family-law relief was granted in part, with support ordered on an imputed income basis, sale of selected properties, and trust funds released to MRM.
Default judgment and noting in default were set aside because the Registrar had no jurisdiction to enter judgment against the individual appellants — the claims against them were not for a debt or liquidated demand and lacked particulars for breach of trust and for the asserted interest rate; the motion judge misapplied discretion under Kisel by failing to allow adjudication on the merits given the appellants' arguable defences and absence of prejudice.
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Paragraph 17 of the separation agreement did not effect an automatic change in beneficiary; the deceased retained control and failed to take the written steps required by the pension plan and PBSA to change the beneficiary; appellant failed to prove enrichment and corresponding deprivation and juristic reasons supported respondent’s entitlement, therefore no unjust enrichment and appeal dismissed.
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Constructive trust denied for the bulk of Textainer's claim because proceeds of unauthorized sales were commingled and not directly traceable to funds held by the Receiver and because imposing a proprietary remedy without a close direct link would unfairly prejudice the secured creditor; exception made for $27,244 which was identifiable in Alrange's account as proceeds of five container sales after January 21, 2013 with no juristic reason, and a constructive trust was imposed over that amount in favour of Textainer.
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Where a licensee has, with the owner's encouragement or acquiescence, expended substantial funds and labour in reliance on a reasonable expectation of continued occupation, equity will bar revocation of the licence; proprietary estoppel and unjust enrichment were established on the facts and a tailored proprietary remedy (exclusive life occupation licence / constructive trust limited to the licensee's lifetime and subject to terms) was appropriate; appeal dismissed.
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The court dismissed the Lowes’ claims arising from a failed gravel-pit property deal, finding they could not prove they would have been able to fund and complete their share of the purchase.
The Court of Appeal dismissed the appeal and held that a damages judgment for breach of a separation agreement merged the claim, barring a later constructive trust over insurance proceeds.
Where a purchaser has paid the GST/HST to a supplier who collected the tax as the Crown's agent, the purchaser's liability under s.165(1) is extinguished absent fraud or collusion and consequently paragraph 296(1)(b) cannot be used to assess the purchaser for the same tax; s.334(2) was not intended to permit double recovery from purchasers who have fulfilled their statutory duty by paying the supplier.
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Interlocutory declaration on fraudulent conveyance enforcement limited recovery against transferees to the value of assets transferred at the time of transfer.
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