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The court approved SpringCreek’s $650,000 sale of ALR property after 19 months of marketing and dismissed Chase’s preservation application.
The court dismissed an application to strike a CPL, finding the pleaded facts could support a substantive constructive trust interest in land.
The court resolved a family property dispute over the McMaster Property, finding no proven purchase contribution by Henry and holding the 2009 transfer was invalid.
The appeal was dismissed because the application judge's factual findings—that the appellant failed to execute the APS or pay the deposit and that respondents provided sufficient communications culminating in the return of the deposit and a formal repudiation—were not shown to be erroneous; the Reservation Agreement contained no requirement for reasonable notice and the appellant failed to properly raise the new ground below or in the appeal factum, making the challenge unfair and untenable.
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Summary trial dismissed a buyers’ claim that pre-contract statements about a neighboring lot became binding terms, promises, or negligent misrepresentations.
The appeal was dismissed because the appellate court found no error of law: the adjudicator's factual and credibility determinations that periodic flooding constituted a latent defect undiscoverable on reasonable inspection were supported by the evidence (including the vendor's note and the buyer's testimony), the building inspection did not put the buyer on notice of recurring flooding, caveat emptor did not relieve the vendor of disclosure obligations for latent defects, and the damages award (after 50% betterment deduction) and costs were properly assessed.
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The court dismissed competing applications over priority to assign a Surrey property contract, finding the disputed record too conflicted for summary determination.
Appeal from a foreclosure sale approval was dismissed. The court held the property had been marketed in a businesslike manner and the approved sale was provident.
The court extended a redemption period by three months in a foreclosure case, finding the mortgaged properties had sufficient value and repayment was reasonably likely.
The court allowed an appeal from approval of a foreclosure sale, holding the petitioner had not shown the marketing was businesslike or the sale provident.
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