Canada Case Law

Smithe Residences Ltd., by its receiver, MNP Ltd. v. Boffo Investment Corp.

Court

Supreme Court of British Columbia

The court held the Smithe Consulting Agreement replaced the JVA, its profit‑sharing waterfall applied to profits from the whole completed Smithe Project (not limited to the plaintiff's proposed Thalia design), the plaintiff did not repudiate the agreement, Boffo Smithe breached by withholding profit shares, and Boffo Investment was unjustly enriched by receipt of those profits; damages awarded under the contract waterfall and unjust enrichment principles.

Source excerpt

• Contractual interpretation
• Repudiation
• Good faith in contractual performance
• Profit‑sharing
• Joint venture agreements
• Remedies and damages

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Oikon Developments Inc. v. Chris & Mando Ltd.

Court

Supreme Court of British Columbia

The court dismissed an application to cancel five CPLs, finding the amended notice of civil claim pleaded unjust enrichment and a sufficient nexus to the properties.

• Certificate of pending litigation
• Constructive trust
• Unjust enrichment
• Pleadings
• Land title act s.215
• Certificate-of-pending-litigation

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Argo Mezzanine Financing No. 1 Ltd. v. Plaza 88 Developments Ltd.

Court

Supreme Court of British Columbia

On a summary trial application, the court held that foreign exchange savings from loan repayment were excluded from NDC. The defendants also succeeded on admissibility of the accounting report.

• Contractual interpretation
• Currency exchange risk allocation
• Net distributable cash calculation
• Admissibility of expert evidence
• Summary trial suitability
• Costs

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