Glass v. Shelter Canadian Properties Date:, 2014 MBCA 83

Citation: Glass v. Shelter Canadian Properties Date: 20140910 Ltd. et al., 2014 MBCA 83 Docket: AI 14-30-08163 IN THE COURT OF APPEAL OF MANITOBA Coram: Madam Justice Freda M. Steel Mr. Justice Alan D. MacInnes Mr. Justice William J. Burnett BETWEEN : NORMAN GLASS ) ) (Applicant) Appellant ) D. G. Hill ) for the Appellant - and - ) ) G. A. Stefanson and SHELTER CANADIAN PROPERTIES ) D. T. Masi LIMITED, 57986 MANITOBA LTD., ) for the Respondents OSBORNE TOWERS LTD., ARNI C. ) THORSTEINSON, RICHARD N. BLAIR, ) Appeal heard and LARRY J.

BEESTON and 2668921 ) Decision pronounced: MANITOBA LTD. ) September 10, 2014 ) (Respondents) Respondents ) STEEL J.A. (for the Court): [ 1 ] This is an appeal challenging the discretionary decision of the application judge who refused leave to amend a notice of application.

The notice of application requested a declaration as to the rights arising from an agreement. [ 2 ] The application judge refused leave to amend the application, but she also addressed the substance of the matters at issue as if the application had indeed been amended. [ 3 ] Her reasons for dismissal were several, however, the fundamental ground of appeal is that the application judge erred in her analysis of this case as one based on a breach of contract.

Rather, the appellant argues that this is a case concerning the principle of nemo dat qui non habet . [ 4 ] The application judge considered the law and the applicable facts. She gave careful reasons and we agree with them. We see no error in her legal analysis and no error or injustice in the exercise of her discretion. [ 5 ] The appeal is dismissed with costs. J.A. J.A. J.A.