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The Federal Court found the Respondent liable for trademark infringement, passing off and depreciation of goodwill, and granted injunctions, delivery up, domain transfer, damages and costs.
The Ontario Court of Appeal dismissed an appeal over whether a $400,000 unsecured line of credit was personal or corporate, finding no reversible error in the trial judge’s factual findings.
The second clause of s.5 of the Notes is unambiguous: "Subsequent Financing" means any financing completed after the Concurrent Financing that yields gross proceeds of $5,000,000 or greater to PI or PG; the May 2023 Financing met that plain meaning and therefore triggered PI's obligation to repay in full within five business days; PI did not repay and was in default; summary trial was appropriate to decide the issue.
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Although Obladee established an arguable case on the lease termination issue, the court refused the interlocutory injunction because the balance of convenience favoured Starfish Properties and public safety: remediation required by HRM likely cannot be performed safely while the tenant remains, the injunction would create a stalemate with municipal enforcement, and monetary damages were deemed an adequate remedy if Obladee ultimately succeeds.
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The default judgment was set aside because the defendant's failure to file a response was not shown to be wilful or deliberate, the defendant applied promptly after learning of the judgment, the defendant advanced defences worthy of investigation (reliance on the Sales Order limited warranty, challenge to the validity/authority behind the 2024 Agreement, and a limitation-period defence), and the late affidavit was properly admitted as relevant and not prejudicial; setting aside the default judgment best serves the interests of justice.
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The court found the petitioner acted in good faith and with due diligence, has more than a "kernel of a plan" (including default judgment against Studio, steps to enforce it in the U.S., resolved tax issues, repayment of senior lender, Monitor support, and adequate cashflow projections), and that extending the stay to November 30, 2026 is necessary and appropriate to permit enforcement and realizations for the benefit of creditors; extension granted.
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Ontario Court of Appeal upheld enforcement of a Dubai-seated arbitral award, holding the agreement incorporated amended rules and Article V of the New York Convention was not breached.
FCC met its onus that it was just and convenient to appoint a receiver because the debtors were in sustained default, refinancing plans had repeatedly failed to materialize, there was credible risk of a shortfall relative to appraised value, and the unique agricultural nature of the lands required specialized management; accordingly Ernst & Young Inc. was appointed receiver and sale powers were postponed and made effective May 27, 2026 to allow stabilization and assessment of priorities while preserving the debtors' right to redeem.
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The Court of Appeal for Ontario dismissed an appeal from an order refusing to set aside a default judgment in a mortgage enforcement case.
The Federal Court disallowed GreenBlue’s overhead deductions on remittal and awarded DeepRoot an accounting of profits, plus prejudgment interest and costs.
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