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Applicant granted surplus tax sale proceeds based on unregistered vendor take-back mortgage and vendor's lien.
The applicant sought entitlement to $70,118.32 in surplus proceeds from a municipal tax sale of five lots it previously owned and transferred to the respondent.
The applicant claimed priority over the respondent owner based on an unregistered vendor take-back mortgage and equitable principles of vendor's lien and unjust enrichment.
The court found that the parties intended to secure the unpaid purchase price with a mortgage, which was not a demand mortgage but contingent on the sale of the lots, meaning the limitation period had not expired.
The court also found the applicant had a valid vendor's lien and that the respondent would be unjustly enriched if allowed to keep the proceeds.
The surplus funds were ordered paid to the applicant.
Vehicle impoundment appeal dismissed; owner failed to verify employee's licence and had alternative vehicles available.
The appellant appealed the 45-day impoundment of its commercial motor vehicle under the Highway Traffic Act after it was driven by an employee whose licence was suspended for life.
The appellant argued it exercised due diligence and that the impoundment caused exceptional hardship.
The Licence Appeal Tribunal dismissed the appeal, finding the appellant failed to verify the employee's licence despite knowing he might drive company vehicles, and that the business had alternatives available, precluding a finding of exceptional hardship.
