Digest: Dagenais v Farm Credit Canada, 2018 SKCA 39

• Date: May 18, 2018

Reported as: 2018 SKCA 39

Docket Number: CA17150 , CACV 3119

Court: Court of Appeal

Date: 2018-05-18

Judges:

• Richards
• Caldwell
• Herauf

Subjects:

• Contract Law � Breach � Damages � Dismissal � Appeal
• Civil Procedure � Summary Judgment � Appeal

Digest: The self-represented appellant appealed the decision of a Queen�s Bench judge that granted an application for summary judgment made by the respondent, Farm Credit Canada. The appellant�s daughter and son-in-law were in arrears on their mortgage obligations and the respondent was preparing to take foreclosure proceedings. The appellant paid $325,600 to the respondent in satisfaction of that mortgage debt. He then claimed in an action that he had paid the respondent on trust conditions that it would transfer to him all of its interests as mortgagee and claimed damages. At trial, the evidence presented by the respondent convinced the judge that no trust conditions had been imposed by the appellant and granted its application for summary judgment (see: 2017 SKQB 229).
HELD: The appeal was dismissed. The trial judge did not err in granting the respondent�s...