Claudio Martini

The appellant appealed a trial judgment finding that a fiduciary relationship existed between him and the respondent.

The Court of Appeal dismissed the appeal, holding that cases of this nature turn on their own facts and there was support in the evidence for the trial judge's conclusion.

The appellants appealed a partial summary judgment granted to the respondents regarding a fourth payment allegedly held in trust.

The Court of Appeal allowed the appeal, finding that the fourth payment was not clearly severable from the rest of the case and that the respondents failed to meet the burden of demonstrating no genuine issue for trial.

The court noted the lack of documentary evidence supporting the trust claim and the respondents' failure to explain the transaction.

The partial summary judgment was set aside, with costs reserved to the trial judge.