Wade W. Sarasin

The appellant trustee in bankruptcy appealed a motion judge's decision that estopped the trustee from claiming the bankrupt's interest in his late father's estate.

The bankrupt had received an absolute discharge before the trustee moved for a declaration that the inheritance vested in the estate.

The Court of Appeal allowed the appeal, finding no evidence that the trustee made any representation to abandon its claim or that the bankrupt relied on such a representation to his detriment.

The inheritance remained vested in the trustee for the benefit of creditors.

The appellant appealed an order of the Superior Court of Justice.

The Court of Appeal agreed with the reasons of the lower court judge and dismissed the appeal, awarding costs to the respondent.

The appellants appealed an order requiring them to remove satellite dishes from their exclusive use patio terrace.

They argued that the condominium's Declaration prohibited all satellite dishes, making the corporation's rule permitting a specific common satellite provider discriminatory.

The Court of Appeal dismissed the appeal, finding the corporation's interpretation of its Declaration to permit a common satellite system was not unreasonable.

The court also rejected the argument that the rule was unenforceable due to lack of visibility, as the appellants failed to adduce evidence on that issue.

The appellant appealed a trial judgment finding it breached its contractual obligations to develop a product and use best efforts to meet time goals.

The Court of Appeal dismissed the appeal, finding ample evidence to support the trial judge's conclusions that the respondent received no value and the breaches were not condoned.

The court found no palpable and overriding error.