Law360 Canada ( June 26, 2018, 9:11 AM EDT) -- Appeal by the plaintiff, Siemens, from dismissal of his action against the defendant, Howard, in respect of a property ownership dispute. The plaintiff was a businessman and farmer who was occasionally involved in property development. The defendant was a licensed realtor who lived across the road from the plaintiff. The plaintiff alleged the defendant was his realtor and agent when the defendant acquired a property for his own benefit in breach of his obligations to the plaintiff. The plaintiff claimed a constructive trust interest in the property and sought an order requiring the defendant to convey it to him accordingly. The defendant denied that there was ever any agency relationship with the plaintiff. He submitted that he owed no obligations to the plaintiff and was, at all times, entitled to acquire the property for himself. The trial judge found that there was never a binding contract between the plaintiff and the defendant. No agency relationship was established on the basis of express, deemed or gratuitous agency. The defendant was the principal in the agreement of purchase and sale, which was consistent with the fact that he was the principal purchaser in the transaction. The defendant had no liability to the plaintiff in respect of the property. The plaintiff appealed....