William Patrick Dermody

The appellant, a teacher at a private school, appealed the dismissal of her constructive dismissal claim by way of summary judgment.

She alleged that the respondent school altered the terms of her employment by failing to protect her from a confrontation with a student's parents over a mark, undermining her authority by having another teacher read and mark assignments, and assigning passing grades to students who had not completed all assignments.

The Court of Appeal upheld the summary judgment dismissal, finding no evidence that the school altered the terms of employment or breached any policy, and that the school's response to the appellant's complaints was measured and reasonable.

Kimberly DeBon, a teacher, sued Hillfield Strathallan College (HSC) for constructive dismissal, alleging a poisoned work environment due to marking disputes, lack of accommodation, and property tampering.

HSC moved for summary judgment to dismiss the action.

The court applied the two-part test for constructive dismissal from Potter v. New Brunswick Legal Aid Services and the objective test for a poisoned workplace from Shah v. Xerox Canada Ltd. The court found no evidence that HSC's conduct amounted to a substantial breach of the employment contract or created a poisoned work environment.

The individual grounds for constructive dismissal were not established, nor was a causal link between earlier events and the resignation.

The motion for summary judgment was granted, and the action was dismissed.

This endorsement addresses two applications concerning the estate of Frank Ernest Warren: one by the estate trustees to pass their accounts, and a cross-application by beneficiary Cheryl Bolton alleging breach of trust, breach of fiduciary duties, and seeking the removal of the trustees and reimbursement for improperly converted monies and excessive legal fees.

The estate, valued at approximately $316,000, included a "Henson-like" trust for Ms. Bolton, who receives ODSP.

The court found that the trustees, who resided in Scotland, unduly burdened the estate.

The court disallowed the trustees' compensation, significantly reduced the legal fees charged by their counsel (finding 70% of clerk time was for trustee work and disallowing certain legal research), and ordered the removal of the estate trustees.

Reimbursement for the trustees' flights, hotel, and meal expenses was approved.

The court was particularly troubled by the trustees' proposal to collapse the Henson trust, which would have been detrimental to the beneficiary and contrary to the testator's wishes.

The applicants sought an order directing the Director of Land Titles to remove certain registrations, including a notice of an unregistered estate, right, interest or equity registered under s. 71 of the Land Titles Act.

The dispute arose from a 2006 agreement involving the transfer of commercial property and contemplated future commercial arrangements between related corporate entities.

The respondent consented to the removal of a registered notice of option.

However, uncertainty remained regarding whether the respondent or related entities possessed a registerable interest in the lands.

The court ordered the removal of the notice of option and directed that a trial of issues be held to determine whether any registerable interest existed under the agreement at the relevant times.

The defendant lender brought a motion for summary judgment dismissing a claim by a third mortgagee arising from a power of sale of residential property.

The plaintiff alleged the sale was improvident and challenged the defendant’s ability to add amounts paid to discharge a prior mortgage to its own mortgage debt.

The court held the sale price fell within the range of professional appraisals and did not demonstrate bad faith or fraud.

The court further held that the defendant was contractually and equitably entitled to add the payout of the prior mortgage to its own mortgage and recover that amount in priority to the plaintiff.

Finding the matter suitable for determination on a documentary record, the court granted summary judgment and dismissed the action.