Court Of Appeal Summaries (October 6 To 10, 2014)

Good afternoon.  This week's OCA Summaries include an interesting decision for our corporate/commercial followers on when a guarantor has a right to seek contribution from his or her co-surety when the first guarantor made payment even though there was no default by the borrower nor demand for payment by the bank.  Other subjects include oppression in the context of day to day operators overpaying themselves for more than two decades to the detriment of a silent partner, summary judgment in the discoverability and med-mal contexts, vexatious litigants, fraudulent conveyances, setting aside administrative dismissals for delay, a priority dispute between a condo corporation and a mortgagee with respect to common expense arrears, and child welfare, one of which is very rare, in that the CAS was found to have been overzealous in seeking the protection of the children when it was not warranted.  This week, the Court also dismissed the appeal from the Superior Court's refusal