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The court dismissed a parking-permit class action, holding the COVID-19 shift to online learning did not frustrate the contract and no implied refund term could override the express refund provision.
The Federal Court upheld the Administrator’s denial of Tam Lam’s claim for EI sickness-benefit compensation under the settlement because class membership was not proven.
The Court of Appeal (majority) held that the motion judge erred only in part: disputes about ITCAN's set-off/escrow rights under s.7 fall within the arbitration agreement and the stay as to those matters was proper and must be referred to the arbitrator; however, issues under s.15 that would determine a complete defence to the Tobacco Board's class action cannot be decided by the arbitrator because the Tobacco Board is not party to the Agreement or its arbitration provisions and has a vital interest in s.15 issues, so the stay must be lifted insofar as s.15 issues are concerned.
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