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Decisions matching the current search
The court held the plaintiff’s contract, tort, and oppression claims were discovered too late to be timely and dismissed the action on summary trial.
The Court of Appeal upheld summary judgment, a resulting trust declaration, an injunction, a reference for damages, and dismissal of the counterclaim.
Costs ruling in a real estate dispute: special costs and uplifted costs were refused, but double costs were awarded from April 4, 2024 onward.
The court found Bonnis breached the agreements by failing to keep Epix informed and involved in rezoning and permit work, entitling Epix to terminate and recover its deposit plus damages.
The court set pre-judgment interest at Registrar’s rates on a staggered quantum meruit award, but increased post-judgment interest to RBC prime.
The court modified a registered easement plan to match the travelled road and private crossing, then dismissed claims in trespass, nuisance, slander of title and contempt.
The Court upheld the trial judge’s factual findings that the respondents had openly, continuously and exclusively occupied the disputed strip in a manner inconsistent with the title holder’s actual use as commercial farmland for the requisite period, producing possessory title by adverse possession; the certificate of pending litigation did not give rise to proven slander damages; and the $10,000 punitive award was justified by the appellant’s sudden and destructive conduct.
Source excerpt
The court partly granted a disclosure application, ordering limited financial, medical, and estate-planning production tied to Ana Cepuran’s August 2019 capacity.
On costs after trial, the court awarded the defendants special costs for the discontinued claim, increased costs for the counterclaim, and costs of the costs application.
The court refused to stay execution of a summary-trial order enforcing a mortgage and paying out trust proceeds, finding the balance of convenience favoured the plaintiff.
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