2 total
Real estate agent denied commission where full-price offer contained unaccepted conditions and was improperly presented.
The appellant appealed a Small Claims Court decision awarding a real estate agent commission after she refused a full-price offer for her home.
The Divisional Court allowed the appeal, finding that the trial judge erred in concluding the offer was identical to the listing agreement, as it contained unaccepted conditions regarding water and septic systems.
The court also found the offer was not properly presented to the appellant and the commission clause was not clear and unequivocal.
The trial judgment and costs award were set aside, and the agent's claim was dismissed.
Family law appeal dismissed as trial judge's findings of fact supported support, equalization, and custody orders.
The appellant appealed various aspects of the trial judge's judgment, including child support, spousal support, equalization payment, RRSP transfers, costs, and custody.
The appellant failed to provide a trial transcript.
The Court of Appeal found that the trial judge's findings of fact supported her legal conclusions, including imputing income and finding a traditional marriage.
Finding no errors in principle or misapprehension of evidence, the Court dismissed the appeal with costs.
