Douglas Skinner

The applicants sought an order for specific performance to compel the respondent to execute transaction documents for the sale of her shares in their jointly held companies.

The respondent refused to sign a Non-Solicitation and Non-Competition Agreement (NCA), arguing she never agreed to it.

The court dismissed the application, finding that while an NCA is commercially reasonable and standard in such transactions, there was no evidence that the respondent or her counsel had actually agreed to include it in the share purchase agreement.

The applicants, trustees of their mother's estate, sought direction regarding the sale of the family farm and an order for vacant possession against the respondent who continued to farm it.

The will provided an option for the children to purchase the farm at a discount within one year, failing which it would be sold on the open market with unequal distribution of proceeds.

Multiple children submitted competing offers within the year.

The court found the will void for uncertainty regarding how to handle competing offers, but severable from the distribution clause.

The court directed the trustees to sell the property on the open market and distribute proceeds unequally as per the will, and granted the order for vacant possession.