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The court found the plaintiff did not resign but was dismissed without cause, awarding 24 months’ notice, aggravated and punitive damages, and dismissing the counterclaim.
The deed grants a broad 66-foot right of way allowing vehicular and pedestrian access at any point; the respondent's placement of large, immovable boulders adjacent to the applicants' property prevented vehicle access to part of the dominant tenement and therefore constituted an unreasonable and substantial interference with the easement. The appropriate remedies are a mandatory order requiring removal of the boulders and restoration at the respondent's expense by the specified deadline, a declaratory judgment confirming the right of way, an award of general damages for inconvenience ($1,000)…
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The Federal Court considered patent validity, claim construction, infringement, and remedies in a dispute between Adeia Guides Inc. and Videotron Ltd. over interactive television technologies.
The court found the strata corporation acted significantly unfairly by shifting common-property repair costs and trying to relocate a rooftop patio railing.
The plaintiff failed to prove he was owed any additional sums because he produced no reliable evidence quantifying losses or cost differences and could not explain his calculations; the written contract and incorporated plans were too vague and lacking essential terms to establish an enforceable obligation that the plaintiff provide a fully finished turnkey house for the lump sum claimed by the defendants; the plaintiff unilaterally abandoned the project, but the defendants' counterclaim for completion costs also fails because there was no objective consensus ad idem as to the scope and price…
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The appeal is dismissed: the Federal Court's factual findings and credibility determinations were amply supported and not vitiated by palpable and overriding error; the awards of compensatory/statutory damages, punitive damages and compound interest were within judicial discretion and lawful; personal liability of the director was properly imposed under Mentmore; prejudgment interest applies to all damages except the $25,000 awarded as punitive damages.
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Evidence established control of the impugned accounts by the respondent and the communications met the statutory definition of cyber-bullying (electronic, caused harm or likely to, and were malicious/reckless); taking statutory s.6(7) factors and case law on damages into account, the court granted prohibitory and takedown orders, declared the communications cyber-bullying, awarded compensatory, aggravated and punitive damages and costs, and denied an account of profits for lack of evidence.
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The Court of Appeal set aside a term making a constructive trust subject to an accounting and awarded $100,000 in punitive damages for fiduciary misconduct.
The Federal Court granted default judgment in part, finding infringement, passing off, and depreciation of goodwill for some 3D ECO marks, with damages, costs, injunctive relief, and domain transfer.
The court assessed damages for the plaintiff’s injuries from admitted motor vehicle collisions, including MTBI-related symptoms, future earning loss, care costs, and housekeeping loss.
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