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The court amended an existing receivership order to include Ecoasis Resort and Golf LLP’s business, finding it insolvent and needing receiver control to preserve value.
The trial judge’s reasons were legally insufficient and internally inconsistent, preventing meaningful appellate review; because the record does not inevitably yield a particular outcome and the trial judge’s factual and credibility findings are unclear, the proper remedy is to set aside the trial judgment and remit the matter for a new trial; costs of the appeal were awarded to the appellants in the agreed amount of $40,000 and costs of the first trial were reserved.
Source excerpt
The court dismissed Canada Life’s document production application, finding the demand procedurally defective, largely irrelevant to the pleaded issues, and tainted by an apparent ulterior purpose.
The Federal Court found Canadian Pacific Railway Company in civil contempt for 22 incidents of breaching the Clarke Award’s rest provisions and set a penalty hearing.
The court dismissed a want of prosecution application, holding the delay was not inordinate or inexcusable and did not make a fair trial impossible.
The Federal Court held the arbitration award was properly filed and enforceable, and dismissed the respondent’s preliminary objections so the contempt motion could proceed.
Court of Appeal held the chambers judge erred by weighing evidence on a Rule 9-6 application concerning a Settlement Agreement, allowing the appeal in part.
The Federal Court registered a foreign maritime arbitral award, ordered payment of the award sums with interest, authorized sale of the ship, and allowed related enforcement steps.
The court struck an estate’s claim over Salt Spring Island property, finding the fraud and contract claims barred by prior releases and consent dismissals, and the remaining claims bound to fail.
The court allowed SFI’s application in part, ordering reimbursement from court-held funds for most enforcement expenses tied to a detained vessel, while referring Oceanwide’s legal fees to the Registrar.
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