Kenneth Wolfgang Movat

The appellant appealed a trial judgment dismissing its claim for breach of fiduciary duty arising from commercial negotiations.

The appellant argued the trial judge erred in applying the law of fiduciary obligations to parties negotiating towards an agreement.

The Court of Appeal dismissed the appeal, finding no palpable or overriding error in the trial judge's conclusion that none of the indicia of a fiduciary duty were present, as the appellant did not repose trust of a confidential nature and was not vulnerable.

The appellants appealed an order declaring their construction lien invalid and vacating its registration.

The motion judge had invalidated the lien because the Affidavit of Verification lacked a completed jurat, despite subsequent evidence confirming it was properly sworn before a commissioner.

The Divisional Court allowed the appeal, distinguishing between the affidavit itself and the jurat, which merely provides evidentiary proof.

The Court held that subsequent proof of the proper completion of the affidavit is acceptable, and the lien remains valid.