Tyler Inkster

M & P Tool Products Inc. sought summary judgment against David Lawson for civil fraud and breach of fiduciary duty, and dismissal of Lawson's counterclaim for intentional infliction of mental injury and harassment.

Lawson resisted, arguing that M & P condoned the fraud and that his counterclaim required a trial.

The court found that M & P's knowledge of Lawson's fraudulent activities was central to both the main action and Lawson's defence of condonation, raising significant credibility issues that could not be resolved on a written record.

The motion for summary judgment was dismissed in its entirety, requiring a full trial.

A mother (plaintiff) and daughter (defendant) were co-owners of two residential properties.

The plaintiff sought a declaration of sole ownership or a reduced interest for the defendant in one property, alleging unjust enrichment due to disproportionate contributions.

The defendant denied this, asserting joint ownership and an agreement for equitable expense division across both properties.

The court dismissed the plaintiff's action, finding her account less credible and that she failed to establish the preconditions for unjust enrichment, as the division of expenses was based on an agreement and both parties benefited equally from property appreciation.

The appellant appealed an order refusing to set aside a default judgment.

The Court of Appeal dismissed the appeal, finding that while it might have granted relief for the failure to move promptly, the appellant's claims were merely bald conclusory allegations and raised no arguable defence on the merits.

The appeal was dismissed with costs of $10,000, and the writ of possession and eviction order were stayed for 30 days.