2 total
Leave to appeal granted regarding pleadings of negligence, negligent misrepresentation, and statutory claims against proposed defendants.
The defendants and proposed defendants sought leave to appeal a motion judge's ruling on a Rule 21 motion, an order certifying the proceeding as a class proceeding, and an order granting the plaintiffs leave to commence an action under the Securities Act.
The court granted leave to appeal the Rule 21 motion in relation to the pleadings of negligence and negligent misrepresentation, noting that two recent Supreme Court of Canada decisions created a correctness and conflict issue.
Consequently, leave to appeal the certification order was also granted.
Furthermore, the court granted the proposed defendants leave to appeal the order allowing proceedings against them under the Securities Act, finding good reason to doubt the correctness of the motion judge's determination that they were de facto officers of the Income Fund.
Appeal dismissed; commercial sign included in sale as chattel and permitted by easement.
The appellant appealed a decision holding that the respondent acquired title to a 50-foot commercial sign located on the appellant's retained land when the respondent purchased an adjacent motel property.
The Court of Appeal found that the application judge did not err in concluding the sign was included in the sale as a chattel, given the broad definition in the Agreement of Purchase and Sale and the evidence of the transaction lawyers.
The Court further held that the easement for ingress and egress was intended to permit the placement and maintenance of the sign.
The appeal was dismissed, but the judgment was varied to declare that the easement permitted the sign's location.
