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The court granted summary judgment for the plaintiffs after finding Domenica Fazio had misappropriated over $1.9 million through payroll fraud, and awarded interest, punitive damages, and special costs.
Court held Respondents did not breach the APA by omitting non-assignable vendor contracts; no actionable fraudulent or negligent misrepresentation proven because the vendor rebates were disclosed in provided financial materials and NewCo failed to reasonably rely or to pursue clarifying due diligence; Respondents owe NewCo $94,300.59 (post-closing receipts) and NewCo paid $223,954.85 for pre-closing rebates which are to be addressed against the $300,000 holdback; all other claims dismissed and costs to Respondents subject to submissions.
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The court found a joint venture, rejected an alleged management-fee agreement, and held Denis Medanic and related companies liable for diverting fishing revenues.
The court found the excavator remained the plaintiff’s property, rejected a claimed sale and deposit, and awarded $14,500 for post-demand retention.
The court set aside an assessed damages order and the underlying default judgment after finding the damages result was unsupported by the evidence and would be a miscarriage of justice.
The Supreme Court of British Columbia certified a class action arising from an alleged investment fraud or Ponzi scheme and approved notice and litigation plan amendments.
The applications judge’s credibility findings and inferences were reasonable and not palpably and overridingly wrong; the proposed fresh documentary evidence did not meet Rule 37/Palmer requirements, was of limited relevance and would not have affected the outcome; evidence established conversion of $20,000 by appellant and the trial judgment is affirmed.
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Chambers ruling on a Rule 9-6 summary judgment application in a vehicle-retention dispute. The court required the plaintiff to file supporting affidavits before dismissal would follow.
A BC trial court found parts of a long transactional relationship were gifts or pay for services, but ordered restitution for Trinidad property funds and Ranch Park Way renovations.
The adjudicator accepted the claimant's account that the defendant agreed to store the Mustangs and equipment in return for the salvage value of five junk cars, found the defendant did not satisfy the statutory prerequisites for a lawful sale under the Storage Warehouse Keepers Act and therefore had no right to sell the items, and held the defendant liable for conversion/breach of bailment and awarded damages based on the reasonable value of the disposed items ($14,000) plus costs.
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