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The court dismissed a summary trial application over a cannabis retail lease, finding credibility conflicts and unresolved issues about a condition precedent and alleged regulatory misrepresentation.
The Court of Appeal dismissed the appeal and affirmed the trial judgment: the Plan transferred SFC's corporate causes of action to the Litigation Trust so the respondent could sue the appellant; the trial judge did not err in finding causation and in measuring SFC's loss using the accepted expert methodology (net cash raised less realizations), including awarding compensatory and punitive damages; election and double-recovery arguments failed as a matter of law and fact; and the trial judge's evidentiary findings were supported by the record and entitled to deference.
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The relationship constituted a joint family venture; assets accumulated during the relationship are to be divided equally, with post-separation adjustments for payments and debts incurred by one party for which the other benefited; the defendant's tort and equitable claims lacked reliable evidence and were dismissed; accordingly both houses are to be sold or transferred under the court's terms, the defendant must return plaintiff's personal property, and the defendant must bear a lump sum costs award offset against his share.
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The British Columbia Court of Appeal dismissed an appeal over a disputed final payment on a laneway house contract, rejecting claims of bias, inadequate reasons, and ex turpi causa.
The Court held the trial judge erred by ordering and relying on post-trial actuarial recalculations that effectively usurped counsel's role and prejudiced the wife; therefore the appellate court varied the judgment to apply valuations based on the evidence adduced at trial (reducing the equalization payment), upheld the pro rata valuation for the Scotiabank defined benefit pension, affirmed valuation of the wife's York University pension interest, set aside the lump sum spousal support award for lack of evidentiary basis, and adjusted costs accordingly.
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Leave to appeal was denied because the fresh evidence failed the due diligence requirement (the information was disclosed or discoverable pre-sanction in affidavits and the management proxy circular and via other objectors), and the applicants failed to demonstrate serious and arguable grounds of sufficient significance under the CCAA leave test; granting leave would unduly hinder the restructuring and no substantive prejudice was shown that would have altered the sanction result.
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Given trial judge findings that senior negotiators intended to and did reach a binding agreement, and in the commercial context and prior practice between the parties the signing of a change order was an implementing formality rather than a condition precedent, the MOU was sufficiently complete and certain to be enforceable; further, MPA was bound because the person who signed the MOU had actual authority to bind it; accordingly the appeal was dismissed.
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