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British Columbia Supreme Court held Romspen could stop funding a construction project when the syndication condition was unmet, and the borrowers failed on good faith and tort claims.
Court authenticated the seized electronic documents and admitted them as documents in the accusedâs possession for non-hearsay, circumstantial purposes, but refused to admit them for the truth of their contents because the Crown failed to prove adoption/recognition by the accused and failed the threshold for substantive reliability under the principled hearsay exception due to lack of corroborating evidence external to the documents.
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The corporation "received" the life insurance proceeds within the meaning of s.89(1)(d)(ii) by virtue of deriving the economic benefit (loan paid off and increased net worth) despite the proceeds being paid to the bank; beneficiary status under the policy is not a prerequisite to including proceeds in the capital dividend account, so the $160,000 death benefit properly formed part of the capital dividend account and the Part III assessment was unwarranted.
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The court held the parties had formed a binding agreement to sell the Cedar Glen home, and that undated promissory notes were payable on demand.
The appeal is dismissed because the strict written guarantee defeats the misrepresentation defence, there was no consideration rendering the Bankâs promise not to sue unenforceable, the Bank was entitled to withhold advances due to covenant breach, its security agreement conferred discretion to appropriate payments, and the sale of assets was courtâapproved and not attackable by the appellants.
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The court held that a $400,000 âdiscretionary special paymentâ in a severance letter was the plaintiffâs 1997 bonus, not additional severance.
Defamation trial over competing accusations within a society. The court dismissed the plaintiffsâ claim, found the Associationâs counterclaim partly successful, and awarded $1,000.
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