Myron W. Shulgan

The appellants appealed a judgment regarding two 1973 agreements.

The Court of Appeal dismissed the appeal, finding that the agreements demonstrated a sufficiently clear intention to comply with the Planning Act, falling within the exception in s. 29(2).

The Court also held that s. 4 of the Limitations Act did not apply to the transaction.

Costs were awarded to the respondent in the amount of $10,000.

The appellants brought a motion for an order directing the trial of certain issues allegedly outstanding from a 1993 judgment based on Minutes of Settlement.

The motions judge directed a trial on only some issues and stayed a subsequent 1999 action.

The Court of Appeal dismissed the appeal, finding the appellants failed to meet their evidentiary burden to support the requested order.