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The court allowed joinder of 56 proposed plaintiffs and 5 proposed defendants, granted leave to file a revised pleading, and dismissed strike and stay applications.
The court found there was a sufficient undisputed factual scaffold to decide the legal questions under Rule 12. It held that Dora was not liable to pay the assignee Liteco because Dora had effectively paid project funds to Barkhouse which were passed to Liteco such that Liteco was paid in full and received more than the invoiced project amounts, and Liteco accepted those payments contrary to the joint cheque arrangement. Further, funds were impressed with a trust under the Builders' Lien Act and Liteco could not appropriate those trust funds to unrelated prior debts and then claim a lien for…
Source excerpt
The court held that the trustee could set off assessed costs against an interim bankruptcy dividend, and that the assignee took subject to those equities.
The court dismissed Creation Technologies’ claim for payment for excess inventory, finding no binding oral agreement, no proven assignment, and no proven damages.
The court held that DAW’s assignment and later reassignment of the debt did not discharge Louis Dion’s continuing guarantee because the security was preserved and he was not prejudiced.
356533 B.C. Ltd. (Bankruptcy of)
The court held that the settlement agreement and direction to pay absolutely assigned surplus court funds and a surplus retainer to Landmark, Wong and Foo, so the trustee had no claim.
The Supreme Court of Canada held that the solicitors were personally liable on their assurance to pay the steel supplier from mortgage advances, and rejected equitable assignment.
The Supreme Court of Canada held that O’Gara was discharged as surety when the bank and contractors altered the agreed handling of contract moneys without his assent.
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