Précis: The Federal Court of Appeal dismissed an appeal and confirmed the trial judgment holding that a Builder’s mortgage secured advances made by the purchaser and that the builder was under an obligation to repay those advances.
Full SummaryLeCleir Bros. Contracting Ltd v. Canoe Cove Marina Ltd., 1999 CanLII 6199
This case concerned the interpretation of a marina moorage contract. The Plaintiff had moored his boat and boathouse at the Defendant marina for many years. The moorage agreement gave the Defendant the right the cancel the agreement and demand the immediate removal of the Plaintiff’s personal effects. It also provided for a right of renewal upon 30 days. The Defendant …
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