Jane E. Sirdevan

The appellant purchased multiple condominium units from a developer in 2008, and a transfer for one specific unit was registered in its name.

However, the respondent had previously purchased and occupied that same unit since 1987, but due to a registration error, it was omitted from the respondent's 1994 conveyance.

The application judge granted title rectification in favour of the respondent, finding the appellant was not a bona fide purchaser for value without notice because there was no agreement or consideration for the specific unit in the 2008 sale.

The Court of Appeal upheld this decision, confirming that the statutory protection of indefeasibility of title under the Land Titles Act only applies to bona fide purchasers.

The appellants appealed a partial summary judgment awarding the respondent a financing fee of $249,547.49 under a contract.

The appellants argued the contract was ambiguous as to whether the fee was payable upon securing financing or only upon the closing of an acquisition.

The Court of Appeal dismissed the appeal, finding the contractual language clear that fees were payable at two different points in time, including immediately upon raising capital, regardless of whether the transaction closed.

The applicant alleged that the respondent breached a settlement agreement by failing to provide a timely and accurate letter of reference.

The Tribunal found no agreement on the timing or content of the letter, but concluded that the incorrect start date in the provided letter constituted an inadvertent breach.

The respondent was ordered to amend the letter of reference to reflect the correct start date.

No monetary damages were awarded.

The appellant employer appealed a trial judgment awarding the respondent employee damages for wrongful dismissal.

The trial judge had found that while the employee's behaviour, including racial slurs and breach of email policy, was inappropriate, it did not amount to just cause for summary dismissal without a clear warning.

The Divisional Court dismissed the appeal, finding no palpable or overriding error in the trial judge's application of the McKinley test for wrongful dismissal.

The appellants appealed a trial judgment awarding the respondents $1,173,960 in compensatory damages and $150,000 in punitive damages for breach of a construction management contract.

The respondent had worked for 17 months without pay before being abruptly terminated on the eve of his entitlement to substantial compensation.

The Court of Appeal dismissed the appeal, finding that the trial judge correctly interpreted the contract to assess damages, properly declined to consider mitigation as it was not pleaded, and appropriately awarded punitive damages given the appellant's reprehensible conduct.

The appellants appealed a trial judgment ordering them to repay $47,000 improperly withdrawn from a letter of credit and $7,786.56 for cleaning and grading costs.

The respondents cross-appealed the dismissal of their claim for an alleged overpayment of interest on a vendor take-back mortgage.

The Court of Appeal dismissed both the appeal and the cross-appeal, finding no palpable and overriding error in the trial judge's conclusions regarding the letter of credit draw, issue estoppel, or the mortgage interest payments.