Dana P. Tierney

The appellants appealed a trial judgment resolving a deadlock in a family-owned ice cream business.

The trial judge ordered the majority shareholder to sell her shares to the minority shareholder for fair market value.

On appeal, the appellants argued the trial judge ignored the majority shareholder's reasonable expectations, her security interest in the business, and the minority shareholder's alleged misappropriation of a corporate opportunity.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings or application of the law, including the conclusion that the appellants were more responsible for the deadlock.

The appellants appealed a Deputy Judge's decision finding them liable for negligent misrepresentation in the sale of a mobile home.

The vendors had stated there was a 'new roof in 2002,' but only part of the roof had been replaced.

The Divisional Court applied the standard of palpable and overriding error to the Deputy Judge's findings of mixed fact and law.

The court upheld the finding that a special relationship existed, the statement was inaccurate, and the purchaser relied on it.

The appeal was dismissed.