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The court dismissed Well Sing’s petition and held that the commission funds were equitably assigned and held in trust for Platinum, rejecting equitable set-off and security claims.
The motion judge erred by treating the Agreement as an equitable assignment; only the Irrevocable Directions clearly manifested an intention to assign the settlement funds to the appellant, thereby creating a valid equitable assignment. As equitable assignee, the appellant has priority over Mr. First, the judgment creditor. The appeal is allowed and the trust funds must be paid to the appellant.
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Court of Appeal allowed an appeal in a land-sale dispute, held an oral partial assignment was an equitable assignment, and ordered specific performance.
Appeal dismissed because appellant failed to discharge the onus of proving it was Imasco's successor or equitable assignee due to the absence of the schedule of Excluded Assets leaving a critical evidentiary gap, and the application judge did not err in refusing to admit further evidence or convert the application to an action.
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The Court of Appeal upheld a Mareva injunction and preservation relief, finding the chambers judge applied the correct British Columbia test and made no reversible error.
The court found there was a sufficient undisputed factual scaffold to decide the legal questions under Rule 12. It held that Dora was not liable to pay the assignee Liteco because Dora had effectively paid project funds to Barkhouse which were passed to Liteco such that Liteco was paid in full and received more than the invoiced project amounts, and Liteco accepted those payments contrary to the joint cheque arrangement. Further, funds were impressed with a trust under the Builders' Lien Act and Liteco could not appropriate those trust funds to unrelated prior debts and then claim a lien for…
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Appeal allowed: the application judge erred by relying on equitable assignment that was not pleaded or argued and his findings on that theory are unreliable; absent a properly pleaded equitable assignment or other exceptional circumstance, the insured’s valid irrevocable designation under the Insurance Act provides a juristic reason defeating unjust enrichment and a remedial constructive trust; Ms. Moore is entitled only to return of premiums paid post-separation ($7,000 plus interest); the remaining policy proceeds are payable to Ms. Sweet.
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The court held the motion judge did not err: 111 had made an equitable assignment evidenced by written notice and commencement of the action by Nadeau (sole director), the requirements of rule 5.03(3) were met (absolute assignment and written notice) so joinder of 111 was not required, and joinder nunc pro tunc did not deprive appellants of a limitation defence; summary judgment for $70,000 was properly granted and appeal dismissed.
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The court dismissed CN’s summary judgment application, holding that the pleadings and CN’s admission left a triable issue over the plaintiff corporation’s identity and standing.
The court held the signed listing agreement governed, awarded Coast its commission, found an equitable assignment of proceeds, and held Lefevre personally liable for breach of trust.
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