The court dismissed Cindy Lo’s trust claim to a Richmond townhouse, found no enforceable tenancy, ordered vacant possession, and awarded trespass damages.
The Federal Court struck a statement of claim concerning an Alberta residential tenancy dispute, holding it lacked jurisdiction and awarding costs to both defendants.
The Court found it had jurisdiction to hear the enforcement motion despite the tenancy element, concluded the defendants were aware of and bound by the May 6, 2025 Consent Order (William having authorized counsel to sign it), and determined that, although William's conduct could have supported a contempt finding, the appropriate and proportionate remedy was enforcement under Civil Procedure Rule 80.02 rather than a contempt conviction; accordingly the Court granted the estate relief to enforce the Consent Order and to obtain possession through court assistance while leaving contempt unprosecu…
Source excerpt
Enforcement of consent order
Possession and eviction
Executor duties and estate administration
Contempt proceedings (declined)
Right of first refusal
Jurisdictional overlap with residential tenancies board
The Court of Appeal summarily dismissed this appeal as vexatious under s. 21 of the Court of Appeal Act, finding it to be an improper collateral attack on an earlier appellate decision.
Judicial review of a CRT default decision was allowed. The court found procedural unfairness and patent unreasonableness in the tribunal’s treatment of causation evidence.
The court found the parties were not spouses under the Family Law Act. Alternatively, any marriage-like relationship ended by August 28, 2016, so the claim was out of time.
The court held that a residential tenancy agreement did not contain an enforceable option to purchase because the clause was too uncertain and lacked essential sale terms.
La Cour d’appel rejette la contestation d’un règlement de zonage imposant la location résidentielle, jugeant qu’il n’est ni vague, ni ultra vires, ni incompatible avec la Residential Tenancy Act.