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Uncle's claim to property interest based on oral agreement dismissed; relief against co-purchaser mother denied.
The applicant and her mother signed an agreement of purchase and sale for a property.
The applicant's uncle claimed a one-third interest in the property based on an alleged oral agreement.
The applicant brought an application seeking a declaration that the uncle had no interest, and seeking various orders against her mother regarding the closing of the transaction.
The Superior Court of Justice held that the uncle had no interest in the property, as the alleged oral agreement was not proven and the doctrine of part performance did not apply to overcome the Statute of Frauds.
However, the court dismissed the claims against the mother, finding no legal basis under the Vendors and Purchasers Act to grant the requested relief, which did not relate to title objections.
Homeowner's warranty appeal dismissed; failure to control humidity extinguished claim for hardwood floor cupping.
The homeowner appealed Tarion's decision to disallow several warranty claims regarding her new home, including complaints about a fireplace, a kitchen ceiling leak, foundation brush coating, subfloor materials, and hardwood floor cupping.
The Licence Appeal Tribunal dismissed all claims.
While the Tribunal found a breach of warranty regarding the foundation brush coating, the homeowner failed to quantify damages.
Regarding the hardwood floor cupping, the Tribunal found that although the builder was likely responsible for the initial cupping due to improper acclimatisation, the homeowner's failure to mitigate damages by controlling the home's humidity extinguished the claim.
The builder's motion for costs was also denied.
