M. Peters

The plaintiff brought an action for specific performance of an agreement of purchase and sale for a residential property.

The defendant vendor, who was the ex-partner of the plaintiff's brother (the true purchaser), had returned the deposit after facing persistent harassment and pressure from the brother.

The court found that the return of the deposit constituted a repudiation of the contract which was accepted, bringing the agreement to an end.

The plaintiff's motion for summary judgment was dismissed, the defendant's cross-motion for summary judgment was granted, and the action was dismissed with substantial indemnity costs awarded to the defendant due to the brother's reprehensible conduct.

The plaintiff subcontractors brought an action against the defendant, an officer of a bankrupt excavation company, claiming she was personally liable for breach of trust under s. 13(1) of the Construction Act.

The defendant handled the company's bookkeeping and finances but argued she was unaware of her status as an officer and merely followed her husband's instructions.

The court found that the defendant knew she was an officer, had effective control of the company's finances, and knew or ought to have known about the breach of trust.

The court held the defendant personally liable and ordered her to pay the outstanding amounts owed to the plaintiffs.