A. Huff

The plaintiffs brought a motion for summary judgment seeking specific performance of an Agreement of Purchase and Sale for a lakefront property.

The transaction failed to close after disputes arose regarding the vendor's non-resident tax holdback and the lack of legal access over a private road.

The court found that because neither party was ready to close on the agreed date, time was no longer of the essence and the contract remained valid.

Given the unique characteristics of the property, the court ordered specific performance, set a new closing date, and directed a mini-trial for the remaining damages claims.

The plaintiff brought a motion for an extension of time to set the action down for trial and a timetable for remaining pre-trial steps.

The action involved claims of unlawful arrest and assault against police officers.

The defendants opposed the motion, arguing the delay caused actual prejudice due to weakened memories.

The court found the plaintiff provided an adequate explanation for the delay, which was largely due to multiple changes in counsel and the COVID-19 pandemic.

The court also found no non-compensable prejudice to the defendants, as they had contemporaneous notes and statements, and had passively acquiesced to the delay.

The motion was granted, and the time to set the action down for trial was extended.

The applicant brought a motion for summary judgment to enforce an alleged oral separation agreement reached between the parties' former counsel.

The respondent argued no agreement was reached and that the discussions were without prejudice.

The court found it had jurisdiction to enforce an oral settlement despite non-compliance with the strict formalities of section 55 of the Family Law Act.

However, the court dismissed the motion, finding a genuine issue for trial existed due to diametrically opposed evidence from the two lawyers regarding their settlement discussions.

The court declined to use enhanced fact-finding powers, as the credibility of counsel could not be fairly assessed on a paper record.