Court File and Parties
Court of Appeal for Ontario
Feldman, Juriansz and LaForme JJ.A.
Between
Donna Adams
Plaintiff (Appellant)
and
Mark Daniel Adams and Aamjiwnaang First Nation
Defendants (Respondents)
Counsel: Owen Rees, for the appellant Robert Spence, for the respondent Mark Daniel Adams
Heard & released orally: November 12, 2010
On appeal from the judgment of Justice K.A. Gorman of the Superior Court of Justice dated February 2, 2010.
Endorsement
1The appellant transferred certain property to her brother, the respondent, in 1990. In 2007, she brought an action claiming return of the property. The trial judge rejected her claim and she has appealed.
2On appeal, the appellant does not advance the claim of a resulting trust that the trial judge rejected. Rather, the appellant now rests her claim on the existence of an intervening oral agreement which she alleges was reduced to writing in documents created in 2002.
3As we read the transcript, there is no evidence to support the argument that the written document of 2002, which does not without more constitute an enforceable contract, was preceded by an oral argument. In any event, that argument was not advanced at trial and it cannot be raised for the first time on appeal.
4The appeal is dismissed with costs fixed at $9,000, inclusive of disbursements and taxes.
"K. Feldman J.A."
"R.G. Juriansz J.A."
"H.S. LaForme J.A."