Patricia C. Hennessy

The appellants appealed a trial judgment that declared a mortgage null and void based on promissory estoppel.

The Court of Appeal allowed the appeal, holding that promissory estoppel can only be used as a shield, not a sword, and the respondent had improperly used it to seek a declaration.

The Court set aside the judgment and ordered a new trial to determine whether there was consideration for the mortgage, as the trial judge had failed to make a finding on that issue.

The appellant appealed a motion judge's decision that its defence was not valid against the respondent's claim under a promissory note.

The Court of Appeal upheld the decision, confirming that the doctrine of equitable set-off does not apply to claims under bills of exchange or promissory notes.

The court also found that a stay under Rule 20.08 was unavailable because the appellant's other action was against a different party.

The appeal was dismissed.

The appellant appealed an order of the Ontario Review Board directing his continued detention at a mental health centre.

The index offence was criminal harassment.

The Board found that the appellant suffered from a major mental illness, continued to have feelings for the victim, and would likely discontinue his medication without external controls.

The Court of Appeal held that the Board's conclusion that the appellant continued to pose a significant threat was not unreasonable and was supported by the evidence.

The appeal was dismissed.