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The court found the plaintiff was wrongfully dismissed and awarded notice, vacation pay and a bonus, but declined aggravated damages and rejected the indemnity claim against the third party.
The court held that a registered easement authorized access to and operation of the Horton Bay public wharf, ordered rectification for a small encroachment, and awarded nominal damages.
The court refused to rectify a 2003 agreement transferring LABest to Beamtech, finding no specific intention to avoid capital gains tax and dismissing the petition.
The British Columbia Court of Appeal held the landlord wrongfully terminated a commercial lease, but reduced damages and awarded modest punitive damages.
The application was dismissed because the applicants did not prove on convincing evidence a prior common intention that the CDN $23.66M payment constituted invested capital forming paid up capital; contributed surplus shown in financial statements did not establish that legal status and Fidelity National was not shown to be a shareholder, with amounts treated as receivables and subject to taxation, so equitable rectification was not warranted.
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The court held that the annual aggregate deductible in the 2006 marine policy applied to constructive total loss claims and dismissed More Marine’s claims.
A single justice of the British Columbia Court of Appeal held that a motion to quash an appeal for lack of standing is not incidental and must be decided by a division of the court.
The court rectified a builder's risk policy to insert April 15, 2002 as the Scheduled Date of Completion and dismissed the insured's delayed opening claim.
The court found Dexter knew or ought to have known that the tender addendum contained an anomaly between items 5.13.02 and 5.13.08 but that Dexter's conduct did not rise to fraud or its equivalent; both parties were negligent in allowing the ambiguous contract to proceed and are equally at fault; accordingly rectification was denied and damages equal to one half of the claimed differential ($535,752.00) were awarded to Dexter, plus simple prejudgment interest at 5.5% and interest on the withheld holdback at 5.5%, compound interest denied.
Source excerpt
The court enforced and rectified a settlement reached at mediation, substituting the correct corporate plaintiff name and holding the agreement did not bar future set-off claims.
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