Liz Tinker

The appellants purchased land near Sturgeon Lake and commissioned a survey indicating their property abutted land owned by the Long Beach Residents' Association.

They claimed that a portion of Long Beach's land between their property and the lake shore was originally part of their parcel and should be conveyed to them.

The application judge dismissed their claim, finding that Long Beach's property was originally a water lot conveyed to the federal government and that fill was deposited to construct a wharf, moving the shoreline eastward.

The Court of Appeal upheld this decision, finding the factual findings well-grounded in evidence and that survey monuments supported the boundary determination.

The court also dismissed the appellants' riparian rights claim, finding any such rights would have been extinguished under the Real Property Limitations Act.

The parties brought cross-motions regarding refusals and undertakings from examinations for discovery.

The plaintiff sought to compel answers from the defendants and the Attorney General, while the Attorney General sought to compel answers from the plaintiff, clarify the scope of the pleadings, and obtain foundational information for the plaintiff's expert report.

The court ordered the plaintiff to produce a refused sales graph, amend its pleadings to clarify the temporal scope and damages claim, and provide the foundational information for its expert report.

The plaintiff's motion against the Attorney General was dismissed, as the court found the undertaking regarding correspondence with U.S. regulators was adequately answered.

The parties brought cross-motions regarding refusals and undertakings from examinations for discovery.

The plaintiff sought to compel answers from the defendants and the Attorney General, while the Attorney General sought to compel answers from the plaintiff, clarify the scope of the pleadings, and obtain foundational information for the plaintiff's expert report.

The court ordered the plaintiff to produce a refused sales graph, amend its pleadings to clarify the temporal scope and damages claim, and provide the foundational information for its expert report.

The plaintiff's motion against the Attorney General was dismissed, as the court found the undertaking regarding correspondence with U.S. regulators was adequately answered.

The Attorney General of Canada brought an action for unjust enrichment to recover $194,000 USD mistakenly paid to the defendants.

The funds were intended for another claimant under a United Nations compensation program but were erroneously sent to the defendant wife.

The defendants cashed the cheque and spent the funds, later arguing estoppel and change of position.

The Superior Court of Justice found that the defendants knew or ought to have known the funds were misdirected.

The court rejected the defendants' defences, finding no juristic reason for the enrichment, and ordered the defendants to repay the outstanding balance of the funds plus interest and costs.

The moving creditors in a bankruptcy sought leave under s. 38 of the Bankruptcy and Insolvency Act to commence an action relating to the administration of the bankrupt estate, and also sought leave under s. 215 of the Act to include the Office of the Superintendent of Bankruptcy and two of its employees as defendants.

The proposed claim against the regulatory authority and its employees alleged negligence in the investigation and handling of complaints about the trustee’s conduct.

The court held that all material facts supporting the negligence claim were known by June 23, 2008, when a registrar issued a decision finding misconduct by the trustee.

Accordingly, any claim against the regulatory authority defendants was barred by the two‑year limitation period under the Limitations Act, 2002.

Leave to include those defendants was refused, but authorization under s. 38 to pursue claims against other defendants was granted.