Canada Case Law

0989705 B.C. Ltd. (Re)

Court

Supreme Court of British Columbia

The court exercised its discretion under ss.11 and 36 CCAA to approve the proposed sale and associated Approval and Vesting Order including reverse vesting aspects: Romspen had indisputably advanced substantial funds and held a valid first‑ranking mortgage; asserted equitable set-off claims do not extinguish or invalidate Romspen's secured claim and do not preclude a sale under the CCAA; the s.36(3) factors and applicable authorities weigh in favour of approval because the Monitor conducted robust market processes producing no viable cash alternative, there is urgent risk of asset deteriorati…

Source excerpt

• Credit bid
• Sale approval under ccaa
• Set-off
• Security priority
• Reverse vesting order
• Monitoring and sale processes

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Alyousef v. Alyousef

Court

Court of Appeal for Ontario

The Court of Appeal upheld findings of an oral partnership and most damages issues, but requested further submissions on income-tax deductions in the profit calculation.

• Partnership formation
• Oppression remedy (obca s.248)
• Inspector report (obca s.161)
• Breach of fiduciary duty
• Unjust enrichment
• Prejudgment interest (cja s.130)

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Axion Ventures Inc. v. Bonner

Court

Supreme Court of British Columbia

The application to disqualify WT was dismissed because the evidence did not establish wilful blindness or intentional misleading of the court, lead counsel was not shown to be a likely material witness at this stage, and there is no private duty owed by counsel to opposing parties; removal mid‑trial would unjustifiably deprive Axion of its choice of counsel and delay the trial. Disqualification may be revisited if new evidence shows counsel will give material testimony or the court was misled.

Source excerpt

• Counsel disqualification
• Wilful blindness
• Document production
• Duty to the court
• Counsel as witness
• Spoliation

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AFX Mixing & Pumping Technologies Inc. v. McKinon

Court

Supreme Court of British Columbia

The court dismissed AFX’s second injunction application against a former director and related companies, but ordered limited document production.

• Fiduciary duty
• Non‑competition
• Injunctions
• Irreparable harm
• Document production
• Concealment/equitable fraud

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Frost v. Li

Court

Supreme Court of British Columbia

The court dismissed a strike application and granted derivative leave for ALNA to sue over alleged misappropriation, tax fraud, and obstruction.

• Derivative action
• Oppression remedy
• Breach of fiduciary duty
• Knowing assistance and receipt
• Limitation periods
• Illegality / sanctions

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Wang v. Wang

Court

Supreme Court of British Columbia

The court partially struck the defence for disclosure non-compliance and granted limited summary relief on the Hudson Street sale proceeds, preserving set-off issues and leaving damages to be assessed.

• Breach of trust
• Breach of fiduciary duty
• Discovery non-compliance
• Summary judgment
• Set-off and equitable set-off
• Tracing of proceeds

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Vandev Consulting Limited v. Pacific Maple Manufacture Inc.

Court

Supreme Court of British Columbia

The Court held that Mr. Zhu held shares in 1147979 B.C. Ltd. on bare trust for Vandev, rejected unconscionability, and awarded Vandev $1 million, interest, and costs.

• Bare trust
• Real estate services act (resa) s.3
• Unconscionability
• Finder's fee
• Summary trial procedure
• Bare-trust

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AGT Food and Ingredients Inc. v. Fibreco Export Inc.

Court

Supreme Court of British Columbia

AGT’s termination of a terminal services agreement was invalid for failure to comply with a consent agreement, though the court found later wood pellet detections could otherwise have justified termination.

• Termination
• Notice and consent provisions
• Condition precedent
• Statutory prohibition (canada grain act)
• Cleaning/contamination protocol
• Specific performance

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International Capital Management Inc. v. Optimize Inc. (Optimize Wealth Management)

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an appeal from summary judgment, upholding repayment of fees under a forfeiture clause and rejecting the penalty-clause argument.

• Non-competition agreement
• Referral agreement
• Stipulated remedy clause
• Forfeiture vs penalty
• Summary judgment
• Costs

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Mercy Falls BC Inc. (Re)

Court

Supreme Court of British Columbia

Default judgment was granted after Mercy Falls LLC failed to respond, with damages summarily assessed at $4,736,455 and leave to seek further assessment later.

• Default judgment
• Summary assessment of damages
• Mitigation of loss
• Procedural modification under ccaa s.11
• Pre- and post-judgment interest
• Procedural orders

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