Jessica Byles

The plaintiff brought a motion for summary judgment seeking $883,197 for the redemption of his Class D shares in a family business following an estate freeze, plus $30,000 for a promissory note.

The defendants argued that the plaintiff had already received partial payment through weekly transfers and expense reimbursements based on an oral agreement.

The court dismissed the motion, finding that the dispute centered on unwritten agreements and conflicting evidence that required credibility assessments which could not be resolved on a written record.

The plaintiff, a non-profit providing farm financing to Status Indians, brought a motion for default judgment against the defendants for breach of loan agreements and conditional sales contracts.

The defendants, who reside on the Six Nations Reserve, failed to defend the action.

The court granted default judgment for monetary indebtedness totaling over $484,000.

The court also held that the Indian Act does not preclude the plaintiff from enforcing its security interests under the Personal Property Security Act to repossess farm equipment located on the reserve, as the equipment was acquired in the commercial mainstream.

Finally, the court ordered crop insurance proceeds assigned to the plaintiff to be paid into court by Agricorp pending a further motion.

The plaintiff brought a motion for summary judgment against the defendant, who had signed a personal guarantee for construction materials supplied to his corporation.

The corporation subsequently filed for bankruptcy.

The court found no genuine issue for trial regarding the enforceability of the guarantee, holding the defendant personally liable.

However, the court found a genuine issue for trial regarding the defendant's limitations defence, as there was insufficient evidence to conclusively determine whether the invoices constituted a running account or if a partial payment restarted the limitation period.

Partial summary judgment was granted for invoices issued within two years of the claim.

The plaintiff, a sub-lessee, sought damages for overpayment of water usage charges from the defendant landlord, alleging breach of lease, unjust enrichment, or negligence due to a malfunctioning remote water meter.

The court dismissed the action, finding it statute-barred as the plaintiff had sufficient knowledge to pursue a claim more than two years before filing.

Additionally, the court found no privity of contract between the sub-lessee plaintiff and the landlord defendant, and noted the plaintiff failed to utilize the lease's dispute resolution clause.

The plaintiff brought a motion for default judgment against the defendants for breach of loan and general security agreements, seeking to repossess farm equipment.

The defendants did not defend the action or attend the motion.

The plaintiff sought an interim order prohibiting the defendants from disposing of or encumbering the equipment while the decision on default judgment was under reserve.

The court granted the interim order, finding the plaintiff had a reasonable basis for concern that the equipment might be alienated or hidden.