2 total
The Court of Appeal affirmed a Regional Senior Judge's administrative discretion to transfer a trial venue while using a jury selected from the original jurisdiction.
The appellant sought to overturn a jury verdict in a motor vehicle accident case, arguing the jury was improperly constituted because it was selected in Brampton for a trial held in Kitchener.
The Court of Appeal dismissed the appeal, finding that the Regional Senior Judge had the authority to make such logistical decisions, which are subject to a presumption of regularity and should not be lightly second-guessed.
The court also found no miscarriage of justice and rejected the appellant's technical argument regarding the jury's constitution.
Summary judgment granted dismissing specific performance action where purchaser failed to close due to lost financing.
The plaintiffs sued for specific performance of an abortive real estate transaction after failing to close on the scheduled date due to a loss of financing.
The defendants moved for summary judgment to dismiss the action.
The court found that the defendants did not agree to extend the closing date and were not acting in bad faith by insisting on the contractually agreed closing date.
The plaintiffs were not ready, willing, and able to close, and the defendants validly terminated the agreement and forfeited the deposit.
The motion for summary judgment was granted and the action dismissed.
