Simone Ashley Bilato

The court assessed damages for the applicant, Vineet Khanna, arising from the respondents' breach of an agreement of purchase and sale for real property.

The court rejected claims for rescission and damages in lieu of specific performance, finding the property was not unique and that the applicant failed to prove fraudulent misrepresentation.

The court awarded damages based on the difference between the purchase price and the market value at the date of breach, as well as for extension fees, temporary accommodation, and moving/storage expenses, but denied "equitable interest" and limited some claims due to insufficient evidence.

The applicant, Vineet Khanna, brought a motion to stay the defence of the respondents on the basis that the respondents failed to disclose a Mary-Carter type agreement.

The court reviewed the facts and relevant case law, ultimately finding that the Minutes of Settlement in question were not a Mary-Carter type agreement that changed the adversarial position of the parties.

The court held that immediate disclosure was not required and that the applicant was not prejudiced by any delay in disclosure.

The motion was dismissed.

The applicants sought declarations that their removal as directors of the Niagara Regional Native Centre (NRNC) and the subsequent election of the individual respondents to the board in February 2023 were invalid due to governance irregularities and violations of the Not-for-Profit Corporations Act and NRNC By-Laws.

The court found the February 2023 election and the applicants' removal and membership termination invalid due to lack of proper notice, voting irregularities, and failure to comply with statutory and by-law requirements.

While acknowledging the invalidity, the court declined to reinstate the applicants or invalidate all acts of the subsequent board, instead ordering the current October 2023 board to continue until a properly conducted election, with specific protocols for membership and voting.

This decision addresses a summary judgment motion by Security National Insurance Company (SN) seeking to dismiss claims for unidentified automobile and family protection coverage.

The central issue was whether the deceased, Lawrence Hamel, and the named insured, Yvonne Moelker, qualified as "spouses" under the Insurance Act and OPCF 44R endorsement, given they maintained separate residences due to Hamel's mental health.

SN argued for a strict co-residence requirement, while the plaintiffs and the Motor Vehicle Accident Claims Fund advocated for a broader interpretation aligned with family law's dependency context.

The court dismissed SN's motion, adopting the expansive, holistic definition of "spouse" from the Family Law Act, which does not mandate shared dwelling, finding that Yvonne and Larry were indeed spouses.

This appeal concerned a dispute between cousins over their aunt's will, specifically regarding the Testatrix's testamentary capacity when she executed a 2007 will.

The appellant argued the application judge erred in finding capacity without sufficient evidence and challenged the costs award.

The Court of Appeal upheld the application judge's decision, finding no palpable and overriding error in the assessment of evidence regarding testamentary capacity.

The court affirmed the application judge's discretion to discount expert evidence based on a biased factual summary and found ample evidence to support the Testatrix's capacity.

The appeal on costs was also dismissed, as the appellant failed to demonstrate an error in principle or that the award was plainly wrong, noting that the absence of dockets is not an automatic bar to cost recovery.