Irwin Albert Duncan

This estate application concerned whether residual beneficiaries made an enforceable oral agreement in or about 2009 to transfer estate land to one beneficiary, whose will later gifted the property to a family member.

The responding estate trustee denied any enforceable agreement and relied on s. 4 of the Statute of Frauds.

The court found an oral agreement existed based on cumulative direct and circumstantial evidence, including post-agreement conduct and contemporaneous documents.

The court held the agreement was enforceable through the doctrine of part performance, including waiver of an option over related estate land and longstanding tax payments referable to the disputed property.

Relief ordering transfer of the Bush Lot was granted, while claims for trustee removal, passing of accounts, and damages were adjourned sine die.

The appellants, Jordan Rudiger Zukowski and Rudi Heinz Edwin Zukowski, appealed an order granting summary judgment to the respondent, MarshallZehr Group Inc., regarding the enforceability of a personal guarantee for a project financing loan.

The Court of Appeal dismissed the appeal, finding no error in the motion judge’s refusal to permit cross-examination of the respondent’s representative and no reviewable error in the finding that the respondent did not act in bad faith.

The court held that the issues raised were properly resolved on the record and that the personal guarantee was valid and enforceable.

Anna Lehmann sought spousal support from the estate of her deceased husband, William Lehmann, and a declaration of sole beneficial ownership of their matrimonial home (Foxboro property) by right of survivorship.

The court dismissed both claims, upholding the validity of the marriage contract's spousal support release and finding that the joint tenancy of the Foxboro property had been severed by subsequent amending agreements, resulting in a tenancy in common with the estate.

Jacobus Hanemaayer was found in contempt of court for wilfully refusing to comply with orders.

Despite claims of poor health and age, he repeatedly failed to appear in court and provided insufficient medical evidence.

The court found his health claims to be a "sham" based on evidence from a process server who observed him operating an electric scooter alone.

Consequently, the court decided against immediate sentencing and instead issued a discretionary bench warrant, requiring Hanemaayer to appear in person to show cause why he should not be sentenced to incarceration for his deliberate and wilful non-compliance with court orders.

The plaintiff, Willowbrook Nurseries Inc., sued the Royal Bank of Canada for breach of contract and bad faith, alleging the bank failed to provide reasonable notice of changes to its lending arrangements and restricted financing.

Willowbrook claimed an overarching agreement for continued credit, including temporary accommodation requests (TARs), which RBC abruptly ceased.

The court found that the relationship was contractual, not fiduciary, and while RBC's actions might have been financially unwise, they were not in bad faith.

The bank exercised its contractual entitlements and provided reasonable notice for Willowbrook to seek alternative financing.

The plaintiff's claims for specific, goodwill, productivity, general, and punitive damages were dismissed.

Following a motion in which the corporate plaintiff’s claim was dismissed and the individual plaintiff’s action was stayed for non‑compliance with an earlier costs order, the court determined the defendant’s entitlement to costs.

The defendant sought partial indemnity costs for the motion and for defending the corporate plaintiff’s action.

The self‑represented plaintiff opposed costs on grounds unrelated to the amounts claimed and attempted to revisit the merits of the earlier motion.

Applying the principles governing reasonable expectations of the losing party, the court held the claimed partial indemnity costs were fair and reasonable.

Costs of $10,343 were awarded to the defendant for the motion and one‑half of the action costs.