Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.
This week’s summaries concern:
Constructive trust / Enforcement of arbitration clause:
Scholz v. Scholz 2013 BCCA 309
Trusts – Constructive trusts – General principles – Circumstances when not imposed
In 2001, Scholz and his wife (defendants), invited Scholz’s mother (the plaintiff), to build a coach house on their property in Vancouver. The plaintiff lived in the coach house from 2001 to 2011, when the defendants sold the property. When the defendants refused to share the sale proceeds with the plaintiff in recognition of her contribution to the coach house, the plaintiff sued the defendants claiming a beneficial interest. . . .
Hopkins v. Ventura Custom Homes Ltd. 2013 MBCA 67
Arbitration – Stay of proceedings – Arbitration clause – Enforcement of
The plaintiffs brought an action, alleging that, in violation of an implied term of an agreement between the parties, the materials used by and the workmanship of the defendant in the construction of the plaintiffs’ new home, were not such that the finished product was fit for the purpose intended. The defendant applied for a stay of proceedings on the ground that, under the agreement, the dispute should be referred . . .