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Ontario Court of Appeal dismissed an appeal about a pre-marital domestic agreement, upholding findings that the agreement was unclear and unenforceable.
The statutory right-of-way registered in 1973 is enforceable; the holder must restore the surface to the condition that existed immediately prior to each entry unless such restoration is not practicable or the servient owner acted in bad faith in making improvements that materially increase the cost or inconvenience of restoration; the servient owner may not deliberately or negligently block access (punitive self-help is unlawful); gates are permissible but may be locked only if the holder is provided a working key or access code; the holder should provide 24 hours' notice absent an emergency…
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On the balance of probabilities the claimant failed to prove he personally advanced a legally enforceable loan of the claimed amount to either defendant; evidence showed transfers were related to business operations and Hornsby provided an alternative explanation (vehicle sales and existing funds), there was no written agreement or clear mutual intention to create a personal debt, therefore the claim is dismissed.
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The court found the Order Forms incorporated the Salesforce MSA by clear reference; the forum selection clauses designating Ontario/Toronto were valid, unambiguous and applicable to the pleaded contract claims; Cyclesmith failed to establish the exceptional "strong cause" required to avoid enforcement (no unconscionability, no fraud, no inability to obtain a fair trial or loss of remedy); accordingly the Nova Scotia proceeding was stayed and costs awarded to Salesforce.
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The court held that the strict, established prerequisites for a building scheme were not met and equity would not relax those requirements on these facts because Lot 2 had been sold before the 59‑foot covenant was created and the respondents failed to establish the necessary reciprocity and ascertainable scheme; therefore the restrictive covenant (59 feet) and the 2005 statutory declaration are of no force and effect and the parcel register must be amended.
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Applicant's bail pending appeal was denied because, although the appeal was not frivolous and the applicant would surrender, the enforceability factors (serious gravity of offences, aggravating circumstances involving breaches of trust, and potential for lengthy imprisonment) strongly outweighed weak reviewability factors (the proposed grounds of appeal did not clearly surpass the minimal 'not frivolous' threshold), such that release would undermine public confidence in the administration of justice.
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The court granted judgment on a $100,000 loan claim, finding the written loan agreement binding and rejecting the defendant’s argument that the money was an investment.
The Court held the parking lease could not override limited common property designations without compliance with the Strata Property Act, and denied the petitioners' requested relief.
The court held that the parties' longstanding representative agency relationship entitled Churchill to reasonable notice and that six months' notice (as provided in the written agreement) was reasonable; the non-solicitation clause in Haider's employment contract was void as unreasonably broad and contrary to public policy; accordingly Churchill was entitled to damages for Wineries' wrongful termination equal to six months' commissions reduced to reflect costs, resulting in an award of $152,187.53 against the corporate Defendants; issues of costs and prejudgment interest to be addressed if no…
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The motion judge did not err in finding the retainer agreement valid and enforceable under s.24; lawyers challenging retainers bear the onus and, where the lawyer drafted the clear agreement and could have protected against foreseeable risks, the agreement will be enforced absent exceptional circumstances; however the Chitiz Pathak LLP disbursement was properly recoverable as a disbursement under the retainer and not subject to the 30% fee cap.
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