2 total
Appeal dismissed as the agreement to cooperate on property severance lacked certainty of essential terms.
The appellant appealed the dismissal of his application seeking to compel the respondents to consent to severing a one-acre parcel of land pursuant to a memorandum of agreement.
The Court of Appeal dismissed the appeal, agreeing with the application judge that the relevant clause lacked sufficient certainty on essential terms, such as location, dimensions, title, and price, to be legally enforceable.
Grandparents' appeal dismissed; parents retain discretion over access absent evidence of inability to act in children's best interests.
The appellant grandparents appealed a summary judgment order that granted them access to their grandchildren at the discretion of the respondent parents.
The grandparents, who were self-represented at the motion, argued they were denied procedural fairness.
The Divisional Court dismissed the appeal, finding the motion judge struck an appropriate balance and afforded the grandfather ample time to present his case.
The court also upheld the summary judgment, applying the principle from Chapman v. Chapman that parents have the right to decide whom their children see, absent evidence they are not acting in the children's best interests.
