Federal Court damages judgment under the Canada Transportation Act. The Court awarded lost profits and partial demurrage, but rejected reputational harm.
The Federal Court held Brink’s did not make a special declaration of interest or pay a supplementary sum under Article 22(3) of the Montreal Convention.
The court refused special costs on a costs application after an interim injunction hearing, finding the plaintiff’s affidavit errors were not reprehensible conduct.
The Supreme Court of British Columbia approved an amended reverse vesting order for PaySlate Inc., validated service, increased DIP financing, and extended the stay.
The contempt motion was dismissed because the interlocutory injunction did not, on its plain wording or on the record, clearly and unequivocally enjoin the defendants from prosecuting a summary judgment motion in Utah; the amendment motion was allowed because the proposed addition of the selling shareholders was not made in bad faith, no uncompensable prejudice was demonstrated and it is appropriate that all signatories to the Option Agreement be before the court.
The Court of Appeal dismissed appeals from an order nisi of foreclosure and a bankruptcy order, rejecting equitable set-off and upholding the Bank’s s. 43 BIA standing.
Equitable set-off
Order nisi of foreclosure
S.43 bankruptcy and insolvency act standing and valuation
Applying Mohan, the Court admitted Gagnon's testimony on management/franchising and Ouellet's strategic marketing evidence because each had demonstrable specialized knowledge beyond the trier of fact and their testimony met necessity and relevance; the Court excluded Goulet's business valuation evidence because it relied materially on unproven, unidentified third‑party technical input (undermining reliability and probative value) and thus failed the reliability/cost‑benefit exercise under Mohan; finally, the Court held the seven franchisee/financial advisor witnesses' testimony admissible as…
The Court held that deemed reliance under s. 75 of the Real Estate Act is rebuttable, and it allowed the appeal on conflict and fiduciary-duty issues while upholding the finding on financial projections.
The court approved a receiver-manager’s sale of Canada Pumice Corporation assets to Brian Wear, finding his conditional offer produced the best net recovery.