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Supplementary reasons on costs after dismissal of an application to vary refusal of leave to appeal an arbitration award. The Court ordered costs against the appellant only, not its director.
The court set aside an urgent mandatory injunction and refused to convert it into a permanent order, finding the plaintiffs had not shown a strong prima facie case.
A British Columbia trial judgment over a failed real estate development found secret profits, misappropriated project funds, and partial liability among multiple defendants.
The Court of Appeal upheld an order stopping PJHL proceedings against the Surrey Knights, finding inadequate notice, bias in preliminary decisions, and oppressive conduct under the Societies Act.
The Tribunal found on the evidence that the advances made by the appellant were made to fund the Company's business with a commercial objective to earn income (salary, rental and profit share), creating a sufficient link under the exception in s.40(2)(g)(ii); consequently the loss on the bad debt was not rendered nil and the appellant is entitled to the $64,052 business investment loss deduction, so the assessment is referred back for reassessment.
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The Court dismissed the appeal and upheld the application judge's implication of a contractual obligation requiring Veresen to disclose sufficient price and valuation information because such disclosure was necessary to give business efficacy to the option right; the application judge's factual finding was owed deference, the implication did not contradict express contract terms, and references to good faith did not taint the necessity analysis.
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The Court found that absent the corporation Mr. Gitman would reasonably be regarded as an appointed manager/officer of the estate and the de facto partnership because he received fixed remuneration ($150,000 annually), occupied a subsisting substantive position created by the will and partnership agreement, and therefore the corporation was a personal services business under s.125(7) and the small business deductions were properly disallowed.
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The court set aside a pre-judgment garnishing order, finding unresolved factual and credibility issues and exercising discretion under s. 5(2) of the Court Order Enforcement Act.
Because each Foley exercised control over and managed a separate, material division of Kingsberry's business (purchases, subdivision/rentals, construction/sales), each took part in the control of the partnership business and therefore was 'at risk' and not a limited partner under ss.96(2.1) and (2.4); accordingly the appeals are allowed and assessments are referred back to the Minister for reconsideration and reassessment in accordance with these reasons.
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The Court of Appeal dismissed an appeal in an asset-sale dispute, holding there was no implied term on future gross margin and no proven material misstatement or loss.
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