Evelyn Perez

The appellants appealed a judgment, arguing issues with service and seeking to introduce fresh evidence.

The Court of Appeal dismissed the appeal and the motion for fresh evidence, finding there was an ample basis for the motion judge to conclude the appellants were properly served and noting they had not requested an adjournment.

Costs of $20,000 were awarded to the respondent.

The appellant appealed a trial judgment, arguing the respondent breached fiduciary duties through non-disclosure of financial dealings.

The Court of Appeal dismissed the appeal, finding that the appellant knew of the non-disclosure and the additional mortgages, yet chose to compromise his claim and sign a release with the benefit of legal advice.

A motion to introduce fresh evidence was also dismissed for failing to meet the Palmer test.