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Appeal of summary judgment dismissed; motion judge properly found the real estate property was unique.
The appellants appealed a summary judgment order regarding a real estate transaction.
They argued the motion judge erred in applying the test for uniqueness of the property by giving undue emphasis to subjective elements.
The Court of Appeal dismissed the appeal, finding that the motion judge properly applied the test and was entitled to accept the evidence of the respondent's wife regarding the property's uniqueness.
A cross-appeal by the respondent for further damages was also dismissed.
Costs were awarded to the respondent.
Leave to appeal granted from OMB decision regarding jurisdiction to order a consolidated hearing.
The applicant sought leave to appeal from a decision of the Ontario Municipal Board (OMB) which concluded that it did not have jurisdiction to order a consolidated hearing under s. 25(2) of the Consolidated Hearings Act.
The court found that the prerequisites for leave were met, as the correctness of the OMB's decision was open to serious debate and the matter was of sufficient importance.
Leave to appeal was granted and the appeals were ordered to be consolidated with an existing appeal.
