Gregory Roberts

This appeal concerned a dispute over a shared boundary between lakefront cottage properties and the location of a dock.

The trial judge found the boundary to be ambulatory, extending to the water's edge, and that the land under the dock was adversely possessed, but the dock could not impede riparian rights.

The Court of Appeal dismissed both the main appeal, which challenged the boundary determination and the application of accretion/avulsion principles, and the cross-appeal, which challenged the adverse possession finding.

The court found no reversible error in the trial judge's determination of the boundary based on grantor's intent and upheld the adverse possession finding, noting it was supported by evidence.

In a receivership proceeding, the Receiver brought a motion for declaratory relief regarding amounts owed under a loan and mortgage by the respondents.

The respondents brought a cross-motion arguing the Receiver's claim was barred by the two-year limitation period under the British Columbia Limitation Act.

The court found that while the respondents had not acknowledged liability to extend the limitation period, a prior petition commenced by the respondents in British Columbia within the limitation period preserved the claim.

The court held the Receiver's motion was not statute-barred and could proceed to be determined on its merits.

The plaintiffs brought a motion for further document production, including an independent search of a defendant's emails, and costs thrown away due to a trial adjournment.

The defendants brought motions for leave to amend a statement of defence and for production of settlement agreements between the plaintiffs and other defendants.

The court dismissed the plaintiffs' discovery motion, finding they had declared readiness for trial despite knowing of the alleged document deficiencies.

The defendants' motion for production of settlement agreements was granted in part, with individual settlement amounts ordered redacted.

The appellant appealed a summary judgment order enforcing the respondent's termination of a Fixed Price Services Agreement and its right to purchase shares in a solar power project due to the appellant's payment default.

The appellant sought to introduce fresh evidence and raised new arguments on appeal regarding the respondent's alleged defaults and the mechanics of the share transfer.

The Court of Appeal dismissed the motion for fresh evidence, finding the Palmer criteria were not met.

The Court also dismissed the appeal, holding that the motion judge made no palpable and overriding error in finding the appellant breached the agreement and that the respondent was entitled to purchase the shares.

A request to stay the judgment pending a counterclaim was also denied.

The appellant appealed a judgment ordering him and related companies to pay $229,080 to the respondents, arguing the claim was statute-barred.

The respondents cross-appealed the trial judge's reduction of the award by $174,944 and the refusal to award pre-judgment interest.

The Court of Appeal dismissed the main appeal, finding the action was commenced within the limitation period.

The Court allowed the respondents' cross-appeal regarding the $174,944 reduction, increasing the damages award to $404,024, but upheld the trial judge's refusal to award pre-judgment interest based on the parties' agreement.