Gregory Edwin McConnell

The appellant challenged summary judgment dismissing her action for emotional distress and financial deception connected to ownership of the former family home.

The court held that, as against Eberhard Wey, the record raised genuine issues requiring a trial on limitations, res judicata, and abuse of process in light of allegations and evidence of intimate partner violence.

The court found no reversible error in interpreting the 2017 consent order as barring claims against Guenter and Ingrid Wey.

The appeal was therefore allowed in part, with the action against Eberhard remitted for trial and the dismissal against the parents upheld.

The applicant challenged his father's will and property transfers, alleging lack of testamentary capacity and undue influence by his sister.

The applicant sought an order for directions to proceed to trial and obtain third-party financial, medical, and legal files.

The court found that the applicant met the minimal evidentiary threshold required to put the will's validity into question, particularly regarding undue influence, citing the father's complaints of control by the respondent, the lawyer's refusal to act on initial instructions, and the malleability of the father's testamentary intentions.

The motion for directions was granted, allowing the case to proceed to discovery and trial.

A subcontractor obtained judgment against a corporate officer for breach of trust under the Construction Lien Act after the officer’s defence was struck for failing to provide ordered financial disclosure.

Unknown to the creditor, the officer had earlier assigned himself into bankruptcy and later sought to have the creditor’s writ withdrawn following his discharge.

The creditor moved for leave nunc pro tunc under s. 69.4 of the Bankruptcy and Insolvency Act to continue the action notwithstanding the bankruptcy, arguing the debt arose from breach of fiduciary trust and would survive discharge under s. 178(1)(d).

The court held that the creditor’s failure to obtain prior leave was merely an irregularity caused by lack of notice of the bankruptcy.

Leave was granted nunc pro tunc and the judgment debt was declared to survive the discharge.