Mark Josselyn

This application and counter-application concerned ownership of a 95-acre scout camp property acquired through historical transfers dating back to 1960.

The court held that the unincorporated association lacked legal capacity to be either settlor or beneficiary of a private trust and therefore could not claim a beneficial or proprietary interest in the land.

Applying trust principles, the court found the 1960 conveyance created a valid charitable purpose trust for the promotion of youth welfare through scouting, but held that the 1983 transfer vested absolute legal title in the respondent incorporated body.

In the alternative, the court held that, if absolute title had not passed, the charitable purpose trust continued.

The application was dismissed and the counter-application was allowed in part.

The appellant, a chartered accountant, was interviewed for a management position with the respondent software company.

During the interview, the respondent's representative negligently misrepresented the nature and existence of the project the appellant was to work on, failing to disclose that funding was not guaranteed.

Relying on these representations, the appellant left a secure job and relocated his family.

He signed an employment contract allowing termination without cause on one month's notice.

Shortly after starting, the project's funding was denied and the appellant was eventually terminated.

The Supreme Court of Canada held that the respondent owed a duty of care during the pre-employment interview, which was breached by the negligent misrepresentations.

The Court further held that the subsequent employment contract did not bar the independent tort claim, restoring the trial judge's award of damages.