2 total
Appeal dismissed; separation agreement properly set aside due to non-disclosure of significant business investment.
The appellant appealed an order setting aside a separation agreement and fixing the date of separation as July 31, 2018.
The application judge set aside the agreement under s. 56(4) of the Family Law Act because the appellant failed to disclose a pending $4,000,000 investment in his company.
The Court of Appeal found no error in the application judge's conclusion that the non-disclosure warranted setting aside the agreement on fairness grounds.
The Court also upheld the application judge's factual determination of the separation date, finding it was supported by the evidence of the parties' ongoing interactions.
The appeal was dismissed.
The tenants' motion for summary judgment to renew a gas station lease was dismissed due to material defaults.
The Plaintiffs brought a motion for summary judgment seeking a declaration of entitlement to renew a lease agreement for a gas station.
The Defendant opposed, alleging material breaches of the lease, specifically non-compliance with Technical Standards and Safety Authority (TSSA) requirements regarding daily dip records and unauthorized use of the premises for truck parking.
The court found that the Plaintiffs failed to meet their burden of proving they were not in material default of the lease, particularly concerning TSSA compliance.
The motion for summary judgment was dismissed, and equitable relief from forfeiture was denied, as the case involved a failure to crystallize a right rather than a loss of an existing right.
