The appellant town appealed a trial judge's decision declaring that a parcel of land was conveyed to it by mistake and was held in a resulting trust for the respondent developer.
The Court of Appeal upheld the trial judge's findings that the conveyance was an inadvertent error by the respondent's real estate solicitor.
The Court also agreed that res judicata and limitation periods did not bar the claim, and declined to interfere with the trial judge's discretion to grant equitable relief despite the respondent's failure to convey other lands under a subdivision agreement.
The appeal was dismissed.
