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The court granted an easement for a longstanding deck and carport encroachment, refused removal, and set compensation at $19,429, with limited leave regarding a hydro meter.
The court granted interim transfer of Garibaldi shares to the plaintiff, ordered director replacement, and imposed a preservation order pending determination of ownership issues.
The stay was denied because the appellant failed to establish irreparable harm or exceptional circumstances and acted with unclean hands (including misuse of trust funds and conduct likely to frustrate licence transfer); damages are an adequate remedy and the balance of convenience did not favour a stay.
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The court granted the Law Society a statutory injunction against Gerhard Pyper for unauthorized practice of law, rejected bias and clean-hands arguments, and narrowed the order's scope.
The appeal is allowed because the motion judge failed to articulate reasons for denying leave to amend; in the absence of any articulated basis and no prior amendment, the appellants must be permitted to amend their pleadings, so the order is varied to grant leave to amend; no costs of the appeal given short notice and motion costs are undisturbed.
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The court granted a permanent injunction protecting a registered easement, ordering the defendants to remove a gate and stop further obstructions.
В appeal over solicitor’s fees, the Court of Appeal upheld a quantum meruit assessment, rejected fresh evidence, and dismissed recusal and natural justice complaints.
The Master found the property was properly marketed, the $530,000 sale price was reasonable, and there was no triable issue that Westpoint came to court with unclean hands or that the alleged settlement prevented the sale (Erin was not a party to the petition, did not complete the payment and conditions for delivery of trust funds were unmet); accordingly the sale was approved.
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The court found a single enforceable agreement binding the respondent to surrender his core enterprise status and remaining licenses after two years, rejected respondent’s defences of lack of consideration, unconscionability and non est factum, concluded damages were not an adequate remedy and that irreparable harm and the balance of convenience favored equitable relief, and therefore granted a permanent injunction and specific performance compelling compliance with the Civil Agreement.
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Federal Court dismissed respondents’ motion to extend time to file further affidavits in related immigration judicial reviews, finding no reasonable explanation for delay.
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