Burton Tait

The appellant held a mortgage on a property and claimed an interest in insurance proceeds as collateral security.

The property was subsequently transferred to the appellant.

The Court of Appeal upheld the application judge's finding that the transfer satisfied the outstanding mortgage debt, thereby extinguishing the appellant's interest in the remaining insurance funds.

The appeal was dismissed with costs.

The appellants appealed a trial judge's decision holding a non-party liable for costs and ordering that the costs of the 45-day trial be fixed rather than assessed.

The Court of Appeal dismissed the appeal, finding that the trial judge correctly applied the test for non-party costs and reasonably concluded that the non-party exercised de facto control over the claim.

The Court also upheld the decision to fix costs, agreeing that the protracted history of the proceeding and the age of the parties made an early resolution imperative.

The appellants appealed the refusal to set aside an international commercial arbitration award under the UNCITRAL Model Law as incorporated by Ontario statute.

They argued that the arbitral procedure offended public policy and that they had been unable to present their case because of limited disclosure of agreements and the absence of foreign witnesses.

The court held that the tribunal's procedure did not offend local principles of justice and fairness in a fundamental way and that the appellants had not been deprived of an adequate opportunity to present their case.

The appeal was dismissed with costs.

The appellant appealed a judgment declaring an agreement of purchase and sale of land to be void.

The agreement provided a closing date of January 21, 1970, and expressly stated that time was of the essence.

The appellant had the right to postpone the closing date but took no steps to do so.

The Supreme Court of Canada dismissed the appeal, holding that any other interpretation would leave the agreement open indefinitely.