The defendants brought a motion for summary judgment to dismiss the plaintiff's action, which sought to set aside a Declaration and Deed of Gift and declare an oral agreement for property sale.
The plaintiff alleged an oral agreement to sell property for $700,000, with annual interest payments, despite a written deed of gift stating "no consideration other than natural love and affection" and an adjusted cost base payment.
The court found genuine issues for trial, particularly concerning the existence of the oral agreement, the nature of a $35,000 payment, and the timing of an invoice, all of which raised credibility issues.
The motion for summary judgment was dismissed, as the court was not confident it could fairly decide the dispute without a full trial and oral evidence.
