The appellant appealed an order granting summary judgment which declared the parties to be 50% beneficial owners of a property based on a trust agreement.
The appellant argued that money owing under a prior agreement allowed him to walk away from the agreements, that the motion judge erred in refusing an adjournment, and that the notice of motion was deficient.
The Court of Appeal dismissed the appeal, finding no error by the motion judge, noting the appellant agreed to proceed, and finding no prejudice from any deficiency in the notice of motion.
