E.W. Ducharme

The appellant appealed a trial judgment dismissing its claims for maintenance fees and unjust enrichment.

The Court of Appeal upheld the trial judge's findings that the claim for maintenance fees under an oral contract was statute-barred, as the appellant knew or ought to have known of the non-payment years prior.

The Court also upheld the finding that the appellant's acquiescence barred recovery for unjust enrichment regarding management services.

The appeal was dismissed with costs.

The appellant appealed a summary judgment dismissing his tort claim for negligent misrepresentation against the respondent.

The appellant had advanced mortgage funds on a property and alleged the respondent made a negligent representation regarding the property's consideration in a deed.

The Court of Appeal upheld the motion judge's finding that there was no genuine issue requiring a trial, as the evidence showed the appellant did not rely on the representation when deciding to advance the monies.

The appeal was dismissed.