2 total
Appeal dismissed; application judge correctly refused to consider extrinsic evidence where real estate agreement was unambiguous.
The appellant vendor appealed a decision dismissing her application regarding the adjustment of two RRAP forgivable mortgages on the closing of a real estate transaction.
The application judge had interpreted the agreement of purchase and sale within its four corners, finding no ambiguity, and refused to consider extrinsic evidence from the vendor's agent.
The Divisional Court dismissed the appeal, holding that Rule 14.05(3)(d) is limited to the interpretation of a written instrument and the application judge correctly excluded extrinsic evidence where the agreement was unambiguous and contained an entire agreement clause.
Board declined to grant expedited relief for alleged unfair labour practices ahead of a final offer vote.
The union applied for immediate relief in advance of a final offer vote, alleging the employer committed unfair labour practices through intimidation and coercion regarding the consequences of a 'no' vote.
The Board declined to grant the requested declarations and cease-and-desist orders on an expedited basis, finding insufficient evidence had been presented in the single day of hearing to assess the totality of the bargaining context.
The Board directed the parties to bring to the employees' attention a statement affirming their right to vote freely and secretly, and scheduled the matter for continuation.