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Oral contract for sale of land between mother and son unenforceable due to lack of essential terms and Statute of Frauds.
The plaintiff, an elderly widow acting through her litigation guardian, sought to evict her son from her property so she could sell it to fund her long-term care.
The son claimed they had formed an oral contract in 2010 for him to purchase the property and counterclaimed for an interest in the land or unjust enrichment for renovations.
The court found no enforceable contract existed as essential terms were never agreed upon, and the son's actions did not constitute part performance under the Statute of Frauds.
The court also dismissed the unjust enrichment claim, finding the son's rent-free living offset any contributions.
The son was ordered to vacate the property.
Motion to dismiss child protection appeal for delay and lack of merit denied.
The children's aid society brought a motion to dismiss the father's appeal of a child protection order for delay or, in the alternative, on the merits.
The father had experienced delays in obtaining legal aid and transcripts, and had recently been charged with criminal offences resulting in a bail condition prohibiting contact with the child.
The court dismissed the motion, finding the delay was not unreasonable given the circumstances and that the appeal had merit.
The court emphasized that the father is presumed innocent of the criminal charges and that the appeal could be heard before the expiration of the current supervision order.
