Robert A. Cobham

The defendants sought leave to appeal an order dismissing their motions to strike the plaintiff's statement of claim.

The plaintiff, a foster parent, alleged the defendants failed to disclose material information about a foster child who subsequently assaulted her.

The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions and no reason to doubt the correctness of the motions judge's decision that it was not plain and obvious the claims would fail.

The appellant appealed a judgment granting the respondent specific performance of an Agreement of Purchase and Sale for a residential property.

The appellant argued the trial judge erred in failing to find a condition prohibiting the sale to the respondent's girlfriend, and in ordering specific performance instead of damages.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings that no such condition existed, the property was sufficiently unique to warrant specific performance, and the order would not cause undue hardship to the appellant.

The appellant builder appealed a trial judgment that allowed the respondent purchasers to refuse to close a real estate transaction and recover their $20,000 deposit.

The trial judge found that changing the location of the attached garage from the side to the front of the house was a fundamental change, and that the builder failed to clearly convey this change to the purchasers.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusions.