Graeme Rupert Oddy

This decision concerns a failed real estate transaction between Brighton Breeze Ltd. and Noel Property Management Ltd. for a waterfront property in Brighton, Ontario.

The dispute centered on a notice registered on title by a neighbouring condominium corporation, which led to the collapse of the sale.

The court found that Noel was entitled to rely on the annulment clause in the Agreement of Purchase and Sale (APS) after Brighton failed to waive its objection to title.

The court dismissed Brighton’s claim for specific performance, ordered the discharge of the Certificate of Pending Litigation (CPL), and granted summary judgment in favour of Noel.

The defendant brought a motion seeking production of solicitor-client privileged communications and documents related to the plaintiff's decision to appeal a prior Master's decision.

The Master, however, determined that the motion was "in an appeal" and therefore lacked jurisdiction to hear it under Rule 37.02(2)(g) of the Rules of Civil Procedure.

The Master rejected arguments that parties could confer jurisdiction by consent or that a motion to quash an appeal was separate from the appeal itself.

The motion was adjourned to be heard by a judge.