2 total
Appeal dismissed; trial judge's finding that money was a gift rather than a loan upheld.
The appellant appealed the dismissal of his action for the return of money he claimed was a loan to his son and former daughter-in-law.
The trial judge found the money was a gift, believing the testimony of the former daughter-in-law over the appellant and his son.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's credibility findings, which were supported by the suspicious timing of the demand for repayment just before the couple's separation.
Appeal dismissed; student rental dwelling found to be a single housekeeping unit, not a lodging house.
The appellant municipality appealed a decision finding that a dwelling rented to university students was not a lodging house under the municipal by-law.
The Court of Appeal dismissed the appeal, agreeing with the motions judge that the premises constituted a 'single housekeeping unit' based on evidence of collective decision-making regarding rent, furnishings, utilities, room assignments, and housekeeping.