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Appeal dismissed in a failed real estate purchase dispute. The court held a privilege-related factual error did not undermine causation, and repudiation was not accepted until the later sale.
The Court upheld the trial judge: the parties had formed an enforceable oral contract to jointly develop the land with Modern responsible for infrastructure and Donovan for marketing and overall management and a 50/50 profit split; the alleged missing details were nonâessential and did not render the contract void for uncertainty or incompleteness; Mr. Cameron had authority to bind Modern.
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The motion was dismissed because the plaintiff failed to meet the high burden on a plaintiff's summary judgment motion; material contradictions and unresolved factual issues exist about whether a different class of shares was created or whether the third party had authority to bind the plaintiff, whether payments were authorized remuneration or wrongful dividends, and whether any cause of action lies personally or must be pursued by the company, precluding determination on summary judgment.
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The court dismissed Rody Moldenhauerâs application to set aside deemed service and a summary-trial judgment, finding it was not brought promptly and no meritorious defence was shown.
The appeal was dismissed because the solicitor of record had ostensible authority to bind the plaintiffs and there was no evidentiary basis to support the allegation of duress or undue influence; the Minutes evidenced a mutual intention to settle despite a release not yet executed; and the motion judge did not err in approving the settlement for the minor plaintiffs, so the enforcement order was upheld and costs were awarded.
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Trial judge accepted the solicitor's evidence that she had authority to settle and found no communicated limitation; alternatively the solicitor had apparent authority because no restriction was communicated to the respondent or her solicitor; appellate standard permits intervention only for error of law or palpable and overriding factual error, none established; therefore the settlement was binding and the appeal must be dismissed.
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The British Columbia Court of Appeal dismissed Mrs. Minoâs appeal over an uninsured mortgage, holding the credit union could rely on her husbandâs instructions.
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