Igor Ellyn

The appellants appealed a trial judge's refusal to accede to a joint request to remove a party defendant from the action.

Based on an Agreed Statement of Facts filed as fresh evidence and the consent of the parties, the Court of Appeal allowed the appeal.

The court set aside the finding of negligence against the appellant and amended the judgment to remove her as a party defendant.

The appellant dealer appealed a trial judgment holding a vehicle purchase and conditional sales arrangement unenforceable because of statutory illegality arising from non-compliance with registration requirements.

The Court of Appeal declined to endorse the trial judge's full analysis of statutory illegality but upheld the result, emphasizing that the illegality was not trivial, was left uncured, and implicated a public-protection regime intended to protect the respondent purchaser.

The court also relied on findings that the respondent received little benefit from the vehicle and that the appellant altered signed documents to satisfy the bank.

A motion for leave to appeal the no-costs order was also refused.

The respondent husband made claims against his deceased wife's estate for contributions made to a duplex owned by the wife.

The parties had an oral agreement that the husband would acquire a half interest upon paying half the purchase price through monthly installments, but the wife died before payments were completed.

The husband also performed extensive maintenance and renovations.

The Supreme Court of Canada dismissed the estate's appeal, holding that while the Family Law Reform Act did not apply to deceased spouses, the husband was entitled to the return of his payments in quasi-contract and compensation for his services based on the doctrine of constructive trust and unjust enrichment.