3 total
Appeal dismissed; mistaken land conveyance held in resulting trust for developer.
The appellant town appealed a trial judge's decision declaring that a parcel of land was conveyed to it by mistake and was held in a resulting trust for the respondent developer.
The Court of Appeal upheld the trial judge's findings that the conveyance was an inadvertent error by the respondent's real estate solicitor.
The Court also agreed that res judicata and limitation periods did not bar the claim, and declined to interfere with the trial judge's discretion to grant equitable relief despite the respondent's failure to convey other lands under a subdivision agreement.
The appeal was dismissed.
Appeal quashed for lack of jurisdiction as the order appealed from was interlocutory.
The appellant moved for an adjournment of the hearing of the appeal after recently retaining new counsel.
The appeal was from an order refusing to set aside a previous order that struck out the appellants' statement of defence and counterclaim.
The Court of Appeal denied the adjournment and quashed the appeal, finding that the order appealed from was interlocutory, not final.
Therefore, the court lacked jurisdiction, as any appeal from the interlocutory order lies to the Divisional Court with leave.
Employee denied termination pay due to wilful misconduct and disobedience for refusing supervisors' instructions.
The applicant employer sought review of an Employment Standards Officer's order requiring it to pay the responding party employee termination and vacation pay.
The employer argued the employee was not entitled to termination pay due to wilful misconduct and disobedience, specifically his refusal to return to a job site and follow supervisors' instructions.
The Board found that the employee wilfully disobeyed instructions to attend the office and a job site, constituting wilful misconduct and disobedience under the Employment Standards Act.
The application for review was granted, and the order to pay was amended to revoke the termination pay.
