The Plaintiff and her former spouse refinanced their home in May 2015, with their mortgage set for renewal in May 2019. Upon receiving a renewal letter from the Defendant offering various renewal options, the Plaintiff did not choose any of the voluntary renewal terms. Consequently, the Defendant applied the automatic renewal agreement from the renewal…
This is a real estate law action where the Defendant purchasers entered into an agreement of purchase and sale (“APS”) with the Plaintiff builder for a new home at the purchase price of $1,115,490. However, the purchasers failed to close leading to the termination of the agreement. Consequently, the builder commenced a claim for damages…
The Defendant seeks an order for leave to examine a non-party for discovery pursuant to Rule 31.10 of the Rules of Civil Procedure. The non-party was an expert in this case engaged by the plaintiffs to provide expert evidence at trial. The motion judge found that the expert witness could not be examined under Rule…
The Plaintiff subcontractor and the Defendant contractor entered into an agreement for cabinet work in a residential kitchen. The subcontractor commenced an action against the contractor, seeking damages for non-payment of services provided. The contractor argued that payments were made in cash but were unable to offer evidence, such as invoice, receipt, deposit, withdrawal, or…
SelectCore Ltd. entered into an agreement with the applicant for auditing services. The applicant submitted four invoices totaling $160,177.50 for services rendered. The Respondent paid a portion of the first invoice and refused to make any additional payments on the grounds that the applicant promised discounts on its fees and that the Agreement did not…
The buyers agreed to purchase a home to be constructed in a subdivision from the seller. The purchase price specified in the Agreement of Purchase and Sale (APS) was $1,699,990, with $1,590,820.99 due on the closing date. The seller was ready, willing and able to proceed with the deal on the agreed-upon closing date. However,…
Plaintiff brought an action against her parents and siblings seeking a declaration recognizing her beneficial interest in two properties. The plaintiff claims she provided a significant portion of the purchase price on both properties which were sold. The plaintiff brought a motion for certificate of pending litigation in relation to the two properties. The motion…
Parties entered into an agreement of purchase and sale for residential property. The purchaser was unable to close on the closing date as the purchaser could not obtain financing to complete the deal. The vendors re-listed the property and sold it for $275,000 less than the price that the initial purchaser had agreed to pay.…
The plaintiff, a member of the Highwood Congregation of Jehovah’s Witnesses, was expelled from the Congregation by a Judicial Committee after he engaged in behavior the congregation deemed sinful, and was perceived to be insufficiently repentant. The Plaintiff brought an Application for Judicial Review of the Congregation’s decision alleging that the decision was procedurally unfair…
When a family member passes away, the surviving spouse and/or children often contest the provisions of the Will. Disputing the contents of a Will can be a challenging task since the courts tend to respect and uphold the wishes of the Testator as expressed in the Will. Accordingly, if you want to successfully challenge a…