Angela Holland

The applicant, an Official Veterinarian, sought judicial review of a decision by the Horse Racing Appeal Panel which found it lacked jurisdiction to hear her appeal of the Registrar's decision to rescind her approval.

The Divisional Court allowed the application, finding the Panel's decision unreasonable because it failed to consider Rule 24.01 of the Rules of Standardbred Racing, which explicitly provides a right of appeal to the Panel for any person aggrieved by a decision of the Registrar.

The matter was remitted to a differently constituted panel.

The appellants appealed an order granting the respondents leave to amend their statement of claim to include a declaration that the deceased's estate was entitled to ownership of a condominium based on a resulting or constructive trust.

The appellants argued the proposed claims were statute-barred under the Limitations Act and that the amendments would cause non-compensable prejudice due to the deaths of key parties.

The Court of Appeal dismissed the appeal, holding that the proposed trust claims fell within the exception in s. 43(2) of the Act for claims to recover trust property retained by a trustee, and thus were not statute-barred.

The Court also found no non-compensable prejudice, as intention could be inferred from documentary and third-party evidence.