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La Cour a conclu à une entente orale conditionnelle sur des frais plus élevés et a jugé que la lettre du 3 juillet 2018 suffisait comme preuve; la demande du demandeur est accueillie.
The court held that Teck’s water treatment facilities were industrial improvements integral to the coal mines and should be classified as Class 4 major industry.
The Court of Appeal held that s. 79.2(f) of the Fisheries Act does not require proof of actual damage, but payment orders must meet statutory criteria. It increased F.A.S. Seafoods fine on count 7.
Appeal allowed in part: motion judge did not err as a matter of principle in assuming falsity in appropriate circumstances, but erred by applying an unduly textual and narrow analysis to public corrections without adequate consideration of market context and evidence; remitted capex/scheduling and accounting/financial reporting public correction issues to motion court for re‑determination; upheld denial of leave on four environmental omission claims based on chronology and lack of arguable requirement to disclose.
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Application for particulars granted in a civil claim alleging injurious falsehood, unlawful means and intimidation. The plaintiff must provide particulars known within 21 days.
The Court of Appeal dismissed the appeal and cross-appeal in a dispute over an option agreement and fill placement on land, holding the option was not voided under the contract.
The court approved Veris Gold’s asset sale to WBVG and authorized contract assignments, finding the CCAA sale process fair and the transaction preferable to liquidation.
Interim injunction granted because there is a serious issue to be tried, the plaintiffs would suffer irreparable harm if the respondent shut down the septic system (including potential health and water contamination risks not adequately compensable by damages), and the balance of convenience favors preserving the status quo by permitting applicants to carry out remedial work at their expense subject to regulatory approval; portions of the supporting affidavit were struck for failing to identify sources and statements of belief.
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Applying Quebec civil law and the Supreme Court’s guidance in Will‑Kare, the court found no sale occurred because third parties who received processed waste were not obligated to pay a price in money to the appellant and, conversely, the appellant paid those third parties; the transactions were contracts for services under C.C.Q. art.2098 rather than sales under art.1708. Therefore the processed industrial waste was not manufactured or processed for sale within the meaning of s.125.1(3) and the appellant is not entitled to the deduction.
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