Clinton Harrison Culic

The appellants appealed a decision granting the respondents relief from forfeiture and cancelling a municipal tax sale of their farm.

The respondents had failed to pay property taxes, and the township initiated a tax sale.

After tenders were opened but before the sale was finalized, the respondents offered to pay the full cancellation price.

The municipal treasurer refused, believing she had no discretion to cancel the sale once tenders were opened.

The Court of Appeal dismissed the appeal, holding that under subsection 12(6) of the Municipal Tax Sales Act, the treasurer retains the discretion to cancel a tax sale at any time up to the registration of the tax deed.

The appellant husband appealed a family law judgment and sought to introduce fresh evidence to establish a reasonable apprehension of bias by the trial judge.

The proposed evidence included the trial judge's personal divorce file and an affidavit from the appellant's trial counsel regarding out-of-court remarks made by the judge.

The Court of Appeal dismissed the motion to admit fresh evidence, finding it did not meet the threshold of relevancy and did not create a reasonable apprehension of bias.

The appeal on the merits regarding the trial judge's directions and determination of a retirement date was also dismissed.