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Vendor liable for harassment after property sale; purchasers awarded $175,000 damages.
A property owner sued purchasers for breach of an alleged agreement permitting the return of chattels after the sale of reserve land and buildings.
The court interpreted the written land and chattels agreement and found that ownership of all chattels transferred to the purchasers once the down payment was made.
An alleged later amendment involving waiver of mortgage interest was found unenforceable because the parties lacked consensus ad idem.
The court further found the vendor engaged in a prolonged campaign of harassment, intimidation, and attempts to evict the purchasers after the sale.
General and punitive damages were awarded to the defendants for harassment and mental distress.
The court granted partial summary judgment on child protection findings but varied a temporary order to return the child to the mother's care.
A child protection application brought by the Children's Aid Society of Brant seeking protection findings and wardship for a child whose mother had a longstanding history of alcohol and drug abuse, mental health issues, and domestic conflict.
The Society sought a six-month kin placement order.
The mother opposed and sought return of the child to her care.
The court found protection findings under certain subsections but determined there was a genuine issue for trial regarding disposition.
Upon consideration of the mother's motion to vary the temporary order, the court found a material change in circumstances and determined the child could be adequately protected under a supervision order if returned to the mother's care, subject to strict conditions and a transition period.
