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Appeal from damages for failed real estate transaction dismissed; adjournment denied and trial judge's findings upheld.
The appellants failed to complete the sale of their home in 2016.
The respondent was awarded $715,000 in damages in lieu of specific performance at trial.
On appeal, the self-represented appellant requested an adjournment, which the court denied due to the lengthy history of the litigation and lack of evidence supporting the request.
The court dismissed the appeal, finding no error in the trial judge's credibility assessments and fact-finding.
The court also rejected the argument that the appellant wife was not a proper party, noting she signed the Agreement of Purchase and Sale as a consenting spouse under the Family Law Act.
CPA Ontario revokes membership and fines accountant $15,000 for false CPD declarations and substandard compilation engagements.
The Professional Conduct Committee alleged that the Member committed professional misconduct by failing to meet continuing professional development requirements, submitting a false declaration, and failing to comply with professional standards in four compilation engagements.
The Member did not attend the hearing.
The Discipline Committee proceeded in his absence, qualified the investigator as an expert witness, and found all allegations proven.
The Committee revoked the Member's membership, imposed a $15,000 fine, and ordered $16,500 in costs, citing his prior disciplinary history and the seriousness of making false statements to the regulator.
CPA member fined $5,000 and ordered to cooperate with investigation despite ongoing civil litigation.
The Member faced an allegation of professional misconduct for failing to cooperate with a CPA Ontario investigation into a complaint by her former employer.
The Member admitted the facts but argued she could not substantively respond to the investigation because doing so might prejudice her defence in ongoing civil litigation with the complainant.
The Discipline Committee found that the duty to cooperate is a substantive obligation that cannot be deferred pending civil litigation.
The Committee found the Member committed professional misconduct and ordered a $5,000 fine, $3,400 in costs, and required her to provide a substantive response within 30 days, failing which her membership would be suspended and ultimately revoked.
Appeal from Master's refusal to discharge a certificate of pending litigation dismissed; triable issue remained.
The defendants appealed a Master's decision refusing to discharge a certificate of pending litigation (CPL) on their property.
The plaintiff had commenced an action for specific performance of an agreement of purchase and sale.
The defendants argued that the plaintiff's subsequent purchase of a nearby property negated the uniqueness of their property.
The court upheld the Master's decision, finding no error of law in her assessment of uniqueness or her reliance on an affidavit from the plaintiff's ex-husband explaining the purpose of the second property.
The court concluded there remained a triable issue regarding the plaintiff's interest in the land and that the balance of convenience favoured maintaining the CPL.
Motion to enforce settlement dismissed as correspondence lacked a clear, unambiguous offer capable of acceptance.
The plaintiffs sued the defendant for specific performance or damages after an aborted real estate transaction.
The defendant brought a motion under Rule 49.09 to enforce what she claimed was a binding settlement agreement arising from correspondence between counsel.
The court dismissed the motion, finding that the plaintiffs' letter did not contain a clear, unambiguous offer to settle the matter by selling the property at the original purchase price, but rather only offered a settlement payment in the alternative.
Landlord's appeal dismissed; failure to address bedbug infestation reasonably found to induce tenant to vacate.
The landlord appealed a Landlord and Tenant Board order requiring it to pay a rent differential to a former tenant who vacated due to a bedbug infestation.
The Board found that the landlord's failure to address the infestation in the common hallway substantially interfered with the tenant's reasonable enjoyment and induced him to move out.
The Divisional Court dismissed the appeal, holding that the Board's interpretation of 'induced' to include a failure to act was reasonable and consistent with the tenant protection objectives of the Residential Tenancies Act.