2 total
Divisional Court lacks jurisdiction over appeal combining non-statutory claims with ancillary Construction Lien Act trust claim.
The appellants appealed a summary judgment awarding damages for unpaid invoices and declaring a breach of trust under the Construction Lien Act.
The Divisional Court raised a jurisdictional issue, noting that the proceeding primarily involved non-statutory claims for goods sold and delivered, with the trust claim being ancillary.
The court held that section 71 of the Construction Lien Act did not confer jurisdiction over the entire proceeding, which was properly appealable to the Court of Appeal under section 6 of the Courts of Justice Act.
The court ordered the appeal transferred to the Court of Appeal.
Appeal dismissed; appellant could not unilaterally terminate real estate agreement when neither party was ready to close.
The appellant appealed a motion judge's decision regarding a failed real estate closing.
The motion judge found that neither party was prepared to close on the agreed date, meaning the appellant could not unilaterally terminate the agreement.
The respondent was entitled to set a new closing date.
The Court of Appeal upheld the finding that the respondent was ready to close on the new date and that the representation regarding utilities reaching the lot line was a warranty, not a condition precedent.
The appeal was dismissed, with the closing date amended to May 10, 2010.
