Background:
Mary Sophie Futros, represented by her joint powers of attorney Michael Donald Futros and Angela Maria Emms, along with Angela Maria Emms, sued Ernest Michael Futros Jr. and Krista Deighton over land ownership. The plaintiffs sought declarations that certain acres of land were held in trust for them. The defendants counterclaimed, alleging ownership of corporate shares, breach of trust, breach of contract, wrongful dismissal, and unjust enrichment.

Legal Issues & Court’s Findings

• Land Ownership & Trust Claims: The court struck down Ernest Futros Jr.’s claims that Mary Futros held land in trust for him, citing a lack of material facts and unenforceability of oral promises.
• Corporate Ownership Disputes: Ernest Futros Jr. claimed ownership of Aristocrat Sales and Service Inc. and Perimeter Drilling Ltd. based on oral agreements. The court ruled that promises to transfer ownership were legally unenforceable.
• Wrongful Dismissal & Employment Claims: Ernest Futros Jr. alleged wrongful dismissal and unpaid wages. The court found these claims unrelated to the main action and stated they should be pursued separately.
• Recovery of Tools & Equipment: The claim for tool recovery was deemed statute-barred and struck.

Outcome & Costs:
The court struck the amended counterclaim in its entirety without leave to amend and ruled in favor of Mary Sophie Futros and Angela Maria Emms. The plaintiffs were entitled to costs, with the amount to be determined if the parties could not agree.