M. Donald

The plaintiffs brought a motion under Rule 37.14(2) to set aside a previous order dismissing their action with costs.

The dismissal resulted from their former counsel's repeated failures to respond to the defendants or attend court motions.

The court applied the factors for setting aside an order and found that the plaintiffs were unaware of the motions, did not intentionally fail to appear, and moved reasonably quickly once they realized their counsel had abandoned them.

The motion to set aside the dismissal was granted.

The plaintiff purchaser sought specific performance of an agreement of purchase and sale for a residential property.

The transaction failed to close because the defendant vendor's parents registered a caution on title, claiming the vendor held the property in trust for them.

The court found that the parents had gifted the property to the vendor, rebutting the presumption of resulting trust.

Alternatively, the court held that under the Land Titles Act, the registered owner had the right to sell the property to a bona fide purchaser for value regardless of any unregistered trust interest.

The parents' claim was dismissed and the cautions were ordered deleted.

The plaintiff brought a motion for summary judgment seeking specific performance of an Agreement of Purchase and Sale for a residential property.

The transaction failed to close because the registered owner's parents claimed they were the true beneficial owners of the property under a resulting trust.

The court dismissed the motion, finding that significant credibility issues and conflicting evidence regarding the beneficial ownership of the property created a genuine issue requiring a trial.