4 total
Judgment rectified on consent due to calculation errors; trial ordered on guarantor's liability limit.
The appellants appealed a summary judgment, arguing the motion judge erred in calculating the amounts owing under a loan and guarantee.
Both parties agreed that calculation errors occurred and consented to rectifying the judgment amounts for two of the guarantors.
The Court of Appeal rectified the judgment accordingly and ordered a trial on the discrete issue of whether one guarantor's liability was limited to 25 percent of the outstanding loans.
Municipal land conveyance declared void for failure to comply with statutory public notice and procedure requirements.
The appellant developer appealed a decision dismissing its application to declare a municipality's conveyance of access lands to a respondent developer void.
The municipality had transferred a one-foot reserve and four lots dedicated as a public highway to the respondent to provide road access to landlocked development lands.
The Court of Appeal found that the conveyance constituted a 'sale' of 'surplus' land under s. 193 of the Municipal Act.
The municipality failed to comply with the mandatory procedural requirements of s. 193, including passing a procedure by-law and providing public notice.
Furthermore, the by-law passed under s. 297 to stop up the highway lots did not exempt the municipality from public notice requirements.
The appeal was allowed and the conveyance was declared void.
Appeal dismissed with costs fixed at $4,000 to the respondent.
The Court of Appeal dismissed the appeal for oral reasons given.
Costs of the appeal were awarded to the respondent in the fixed amount of $4,000 all inclusive.
Appeal from summary judgment enforcing a guarantee for bankruptcy trustee fees dismissed.
The appellants appealed a summary judgment granted in favour of the respondent trustee in bankruptcy on a guarantee signed by the appellants for the respondent's fees.
The motions judge had also directed a reference to the Registrar in Bankruptcy to determine the reasonable quantum of those fees.
The Court of Appeal dismissed the appeal, finding that the lack of independent legal advice was not a free-standing defence and there was no evidence the appellants misunderstood the guarantee.
The Court also upheld the motions judge's discretion under the Rules of Civil Procedure to direct a reference to the Registrar in Bankruptcy.
