J.C. MacPherson

The appellants sought a panel review of a single judge's decision dismissing their motion for an extension of time to perfect their appeal.

The underlying action against Dominion Lending Centres Inc. and others for alleged mortgage fraud was dismissed by the Superior Court as frivolous, vexatious, and an abuse of process.

The appellants argued the single judge dismissed the motion solely on procedural grounds without considering the merits.

The Court of Appeal rejected this argument, noting the single judge explicitly found the grounds of appeal devoid of merit and the lower court's reasons cogent.

The motion for panel review was dismissed with costs.

The appellant commercial tenant appealed a trial judgment dismissing its action for breach of lease and granting the respondent landlord's counterclaim for rent arrears and property damage.

The appellant argued the trial judge erred by relying on hearsay for repair estimates, excluding surreptitious recordings, and finding the landlord's refusal to consent to a lease assignment was reasonable.

The Court of Appeal dismissed the appeal, finding no basis to interfere with the trial judge's evidentiary rulings or factual findings regarding the unsuitability of the premises for the proposed assignee's auto body shop.

The appellant company entered into an agreement with the respondent mining company to introduce business opportunities in exchange for a commission.

The appellant claimed an $8,080,000 commission after the respondent invested in a third-party company.

The motion judge granted summary judgment dismissing the claim, finding that the respondent and the third party had introduced themselves before the appellant's involvement and that the appellant only provided publicly available information.

The Court of Appeal agreed with the motion judge's findings and dismissed the appeal.

The appellant appealed his sentence of two years less a day for drug trafficking and related offences.

The Court of Appeal found the trial judge erred in principle by treating the appellant's conduct of his defence as an aggravating factor and by failing to consider collateral immigration consequences.

Admitting fresh evidence of the appellant's acceptance into a residential treatment program and considering his severe PTSD from being a child soldier in Sierra Leone, the Court allowed the appeal and substituted a conditional sentence of two years less a day.

The appellant appealed a summary judgment dismissing its action for outstanding amounts under a construction contract.

The Court of Appeal upheld the motion judge's findings that summary judgment was appropriate, that the respondent had not waived its right to rely on the contract's strict notice requirements, and that equitable claims for quantum meruit and unjust enrichment were precluded by the existence of a valid contract.

The appeal was dismissed with costs.

The appellant appealed his convictions for sexual assault and assault against his spouse.

He argued the trial judge relied on stereotypical beliefs, misapprehended evidence, and applied an unequal standard of scrutiny to the competing narratives.

The Court of Appeal found that the trial judge properly applied the W.(D.) test, gave thorough reasons for disbelieving the appellant, and correctly accepted the complainant's evidence, which was partially corroborated by photographs.

The appeal was dismissed.

The appellant sought to appeal the dismissal of his summary judgment motion regarding fraudulent conveyances.

The motion judge had dismissed the motion on the basis that the underlying debt was discharged in bankruptcy and the appellant had failed to follow the correct procedure under the Bankruptcy and Insolvency Act.

The Court of Appeal quashed the appeal, finding that the motion judge's order was interlocutory because it did not determine the substantive rights of the parties.

Therefore, the appeal properly lies to the Divisional Court with leave.

A dispute arose between a commercial landlord and tenant concerning the tenant’s attempt to exercise a lease renewal option and alleged arrears of additional rent.

The landlord refused renewal and ultimately locked the tenant out, causing a planned sale of the restaurant business to collapse.

The motion judge granted summary judgment for the tenant, awarding damages for loss of the business sale, arbitration and settlement expenses, the security deposit, and punitive damages, and dismissed the landlords’ counterclaim.

The landlords appealed on multiple grounds including refusal of an adjournment, improper notice of renewal, and alleged rent default.

The Court of Appeal rejected each ground and upheld the summary judgment.

The appellants appealed a trial judgment ordering payment of over $4.2 million arising from breach of repair and maintenance obligations under a commercial lease for hotel and restaurant premises.

They argued the trial judge erred in interpreting the lease as imposing an enhanced repair standard and that there was insufficient evidence establishing the condition of the premises at the start of the lease.

The Court of Appeal rejected both arguments, holding that the lease language and commercial context supported the trial judge’s interpretation.

The court further held that evidence including contractual representations, inspection reports, and witness testimony provided a sufficient basis to compare the condition of the premises over time.

The appeal was dismissed and costs were awarded to the respondents.