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The court refused to require mandatory representations and warranties in the sale process for 0081092 B.C. Ltd.’s lands, allowing an “as is, where is” sale to proceed.
The court dismissed MNP’s claims for professional fees, completion fee and unjust enrichment, but allowed the honest performance claim to proceed.
The court granted Quest University Canada’s claims process and creditor meeting orders, and approved a Primacorp break up fee and charge, while adjourning the TAVO application.
The adjudicator found that the Defendant instructed the Claimant to attempt diagnosis and repair, that the Claimant acted in good faith within its competence and did not misrepresent capabilities, and therefore the Claimant was entitled to payment for reasonable work performed despite the need for subsequent specialist repair.
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The motion judge properly exercised his discretion: the appellant failed to provide an adequate, detailed explanation for the delay and failed to rebut the presumption of prejudice arising from the expiry of the limitation period; accordingly leave to file the statement of claim late was correctly refused and the Court of Appeal will not interfere.
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The Court of Appeal held the Catalyst payment was severance, not a retention bonus, rejected continuous service under Sorel, upheld the release, and reduced notice to three months.
Appellant failed to rebut the Minister's assumptions: the submitted invoices uniformly lacked mandatory information (notably sufficient description and site address required by s.3(c)(iv) of the Regulations) and the appellant's witnesses and documentary evidence were not sufficiently credible or verifiable; accordingly the ITCs were disallowed and the Minister validly imposed the s.285 penalty, so the appeal is dismissed.
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The adjudicator found the purchase order and cheque references genuine and concluded the $10,000 was paid for concrete anchor pads not as a commission; because no work was done and the contract was cancelled, retention of the funds would result in unjust enrichment (and repayment is required under frustration/restution principles), therefore the Defendant must repay $10,000 plus costs.
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The court interpreted an asset-sale agreement allocating employee-related liability between vendor and purchaser, and held the purchaser could seek indemnity for pre-closing employment claims.
The court held the defendant breached an exclusivity clause in a finder agreement and awarded Brax damages equal to 2% of the purchase price, subject to conversion to Canadian dollars.
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