The Canadian Abridgment eDigests -- ContractsProperty Agreement • August 23rd, 2021
Contract Type FiledAugust 23rd, 2021W, J and XJ entered into agreement respecting property whereby J and W contributed funds for purchase and renovation, J was to manage and be fully responsible for renovation, and profits would be divided after sale, based on contribution -- W brought action against his son-in-law J for relief including for ownership of his equity in property -- Action was granted and W was found to be entitled to declaration of beneficial ownership of property in proportion to his contributions -- W was entitled to $257,849.78 plus interest representing loans made to J -- Defendants appealed -- Appeal allowed in part; order respecting occupational rent was clarified -- Defendants were not permitted to raise new issue of illegality on appeal -- In normal circumstances, law is clear that court of appeal will generally not permit new issues to be raised on appeal, especially where they involve fraud -- Situation was not one in which principle could be overcome -- W would suffer prejudice if issue was rais