The appellants appealed a summary judgment, arguing the motion judge erred by not ordering a trial on the issue of a set-off for capital gains tax and liability for recapture.
The Court of Appeal dismissed the appeal, finding that because there was only a potential future liability for capital gains tax and recapture, there were no existing claims capable of giving rise to a set-off.
The dismissal was without prejudice to the appellants bringing future claims or seeking a stay of enforcement under Rule 20.08 if such claims materialize.
Costs of $7,500 were awarded to the respondents.
