The appellant estate trustee appealed a motion judge's order requiring the estate to pay damages to the respondent, who was the deceased's common law spouse.
The properties in question had been sold under power of sale after the respondent failed to make mortgage payments.
The Court of Appeal allowed the appeal and set aside the judgment, finding that the motion judge provided insufficient reasons for ordering the estate to pay damages that were previously ordered to be paid by the appellant personally, and for awarding damages for lost income after the properties were sold due to the respondent's default.
