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The Court of Appeal dismissed an appeal from summary judgment enforcing a second mortgage, finding no genuine issue for trial and lifting the stay.
The court found the gift valid because the donor initiated and pursued the donation, received independent legal advice with a signed certificate confirming understanding, there was no unlawful threat or compulsion, and the evidence of third-party pressure was not credible or sufficient to establish duress; therefore the deed of gift and transfer are effective and irrevocable.
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The court set aside support waivers in a separation agreement after finding the claimant misled and pressured the respondent, then ordered spousal and child support.
The court found the sureties were induced to enter and to continue the Security by misrepresentations of the proctor and by the principal's conduct, making it unconscionable to hold them to the Security; alternatively the Security was not binding because Janice and Mark did not obtain independent legal advice in circumstances involving undue influence and substantial financial exposure. Accordingly the application to compel payment by the sureties was dismissed and the sureties were relieved.
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The court dismissed Bank of Montreal’s summary trial application over disputed personal guarantees, holding that conflicting affidavit evidence and credibility issues required a full trial.
The Separation Agreement satisfied statutory formalities and represented the autonomous bargain of the parties; no evidence established the applicant was vulnerable or that the respondent exploited any vulnerability, lack of independent legal advice did not render the agreement unenforceable because the applicant knowingly proceeded and misrepresented receiving advice, the spousal support waiver did not significantly depart from Divorce Act objectives or reflect unanticipated circumstances, the oral offset agreement regarding joint credit card charges was admissible as part of the parties' en…
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The court dismissed a challenge to a post-nuptial marriage agreement, finding no material nondisclosure, no proven exploitation of vulnerability, and no significant unfairness.
The Separation Agreement was set aside because the Co-Applicant did not receive substantive independent legal advice, did not receive complete financial disclosure, and the circumstances of negotiation and execution were fundamentally flawed, rendering the agreement invalid under the applicable statutory framework and jurisprudential tests.
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The court found Ross breached fiduciary duties in the TL and PKS investments by failing to disclose conflicts and material facts, using trust funds without informed consent, and favoring related entities.
Review of a lawyer’s bill under the Legal Profession Act. The court reduced fees, disallowed part of the claimed interest and some disbursements, and fixed the balance due.
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