M.A. Cook

The applicant taxpayers sought equitable rectification of two corporate director's resolutions that declared dividends in June 2016.

The applicants' accountant mistakenly believed that the tax-free proceeds from the sale of corporate goodwill were immediately available in the capital dividend account, resulting in unintended Part III tax liability.

The court dismissed the application, finding that the resolutions accurately reflected the parties' antecedent agreement to declare the dividends in June 2016, and that the applicants were seeking impermissible retroactive tax planning.

The court also noted a lack of due diligence and the availability of adequate legal remedies.

The appellant appealed a decision of the Woodstock Property Standards Committee which rescinded an order requiring the respondent neighbours to remove six trees from their property.

The appellant argued the trees were hazardous and caused damage to her property.

The court heard competing expert evidence from two arborists regarding the condition and risk posed by the trees.

The court found that three of the trees posed a hazard due to poor structure and proximity to the appellant's home, and ordered their removal.

The court varied the order to allow the remaining three trees to stay, as the respondents had completed extensive remedial maintenance that satisfactorily addressed the hazards.

The applicant sought damages after the respondent wrongfully refused to discharge a vendor take-back mortgage upon full payment.

The respondent's refusal prevented the applicant from refinancing the property, causing him to lose a lucrative opportunity to purchase another commercial investment property.

The court found the respondent breached its contractual obligation to discharge the mortgage within a reasonable time and acted in bad faith.

The court awarded the applicant $150,375 in compensatory damages for the lost opportunity, but dismissed the claim for punitive damages as there was no independent actionable wrong.