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The Court of Appeal upheld a mortgage discharge, finding First Swiss had actual and apparent authority to accept payout funds and discharge the mortgage on Olympia’s behalf.
The Ontario Court of Appeal dismissed Antonio Guido’s appeal, upheld summary judgment for HSBC Bank Canada, denied leave on costs, and awarded HSBC $20,000 in appeal costs.
The trial judge properly found Eastwood neither authorized nor held out Issonborg to accept personal payments; appellants therefore bore the risk of paying him and Eastwood was entitled to judgment for the contract price; the appeal was dismissed and costs awarded to Eastwood.
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The court stayed a civil action under s. 7 of the Arbitration Act, finding an arguable case that the defendant was a non-signatory bound through agency and the broad arbitration clause.
The court refused to enforce an alleged settlement summarily, finding triable issues about consensus, capacity, authority, and damages, and sent the matter to trial.
The accused was acquitted of fraud over $5,000 after the court found the Crown had not proved ICBC relied on any false statement to make TTD payments.
The court dismissed An Dong Pan’s claim against Jing Cai over a failed CAD-to-RMB exchange, finding agency and election principles barred recovery and fraud was not proved.
No fraudulent misrepresentation proven; however sellers acted negligently by failing to update the PDS after discovering the leak and by allowing concealment of the defect, thereby giving rise to liability for negligent misrepresentation and breach of a collateral warranty incorporated into the Agreement of Purchase and Sale; purchasers reasonably relied on the PDS and suffered damages, and principals are liable for acts of their agent within scope of authority.
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The court interpreted a brokerage commission agreement for a Vancouver land assembly and held that the Annex commission was based on $2.5 million, not a later estimate.
British Columbia Court of Appeal dismissed an appeal challenging ostensible authority to sign bills of sale and the finding that a guarantee was personal.
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