Thomas J. Corbett

The appellant purchased land to operate a large hog farm and applied for a building permit for a barn and manure storage facility.

Shortly after, the respondent municipality passed an interim control by-law prohibiting such facilities, and the building permit was refused.

The appellant applied to the Superior Court to quash the by-law and appeal the permit refusal, both of which were dismissed.

On appeal, the Court of Appeal held it had jurisdiction to hear the matters but dismissed the building permit appeal, finding the appellant had not met all requirements before the by-law passed.

The court remitted the by-law application back to the motions judge to determine whether the court should defer to the Ontario Municipal Board's concurrent jurisdiction.

The appellant appealed a decision finding a breach of trust regarding a cottage property but ordering the trust wound up and the cottage sold.

The Court of Appeal held that the breach did not result in the failure of the trust or damages, and therefore the application judge erred in winding up the trust and ordering the sale.

The appeal was dismissed subject to varying the judgment to strike out those orders.

The request for a resulting trust was denied as the trust had not failed.

The appellant appealed a judgment dismissing its application for a declaration that it continued to have a right to redeem a mortgaged property and its request for equitable relief.

The respondent bank did not oppose a brief extension of the right to redeem.

The Court of Appeal set aside the lower court's order and granted the appellant an extension of time to redeem the property, subject to strict conditions including full payment of principal, interest, and costs by a specified date.

The appellant was ordered to pay the respondent's costs of the appeal fixed at $500.