Christopher Anthony Lawrence Caruana

The appellant appealed an order striking her claim against a mortgagee for improvident sale and damage to personal property.

The Court of Appeal dismissed the appeal, finding that the appellant, as a beneficial owner, lacked standing to sue for improvident sale, as standing lies with the trustee who holds legal title.

The court also upheld the motion judge's finding that the claim for damage to personal property was statute-barred.

The plaintiff brought a motion to amend its statement of claim to substitute the individual carrying on business under certain style names as the proper plaintiff instead of the corporate plaintiff.

The defendants opposed the amendment, arguing that it constituted the addition of a new party after the limitation period had expired and that the matter had already been set down for trial.

The court held that the amendment was properly characterized as the correction of a misnomer under s. 21(2) of the Limitations Act and not the addition of a new party.

As the defendants knew the identity of the contracting party and suffered no prejudice that could not be remedied, the amendment was permitted.

The motion was granted, but the plaintiff was denied costs due to delay and ordered to pay costs to the defendants.

The plaintiff sued multiple corporate and individual defendants for fraudulent conveyance, fraudulent misrepresentation, conspiracy, and intentional interference with economic relations, alleging they stripped assets from a judgment debtor to avoid payment.

The defendants moved to strike the statement of claim under Rule 21 for failing to plead material facts.

The court granted the motions in part, striking the tort claims with leave to amend because the plaintiff failed to plead the specific material facts required for each cause of action against each individual defendant.

The court also struck claims for contempt and sequestration without leave to amend, holding that such relief must be sought by motion under the Rules of Civil Procedure, not as free-standing claims in an action.

Following the disposition of a motion for a stay pending appeal, the court awarded costs of the motion to the responding parties, fixed in the amount of $4,625.00 inclusive of disbursements and taxes.

The moving party (appellant) sought a stay pending appeal of an order removing notices it had registered on the responding parties' land.

The moving party claimed an interest in the land based on a contingent option to purchase in a Development Management Agreement.

The Court of Appeal dismissed the motion for a stay, finding no serious question to be tried because the option likely offended the rule against perpetuities, and the moving party failed to establish irreparable harm or that the balance of convenience favoured a stay.

The appellants, investors in a failed real estate redevelopment project, appealed the dismissal of their claims for rescission and damages against the promoter, Shelter Corporation.

The trial judge found that Shelter breached numerous contractual commitments, causing the loss of the investment, but held that rescission was unavailable and no damages were proven because the project was too heavily leveraged to survive the market downturn.

The Court of Appeal upheld the trial judge's findings that the breaches were not fundamental and that the appellants had not proven substantial damages.

However, the Court allowed the appeal to the limited extent of awarding nominal damages of $1 to each appellant for the proven breaches of contract.

A cross-appeal by the financial institutions regarding equitable set-off and penalty interest rates was dismissed.

The appellants appealed a trial judgment dismissing their claims against the vendor regarding a real estate transaction.

The Court of Appeal upheld the trial judge's finding that the appellants had agreed to purchase the property subject to a lease, an option to purchase, and an encroachment noted on the sketch attached to the agreement of purchase and sale.

The appeal was dismissed with costs awarded to the respondent.