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The court granted Coast Capital judgment on an admitted line-of-credit debt, rejected promissory estoppel and waiver defences, dismissed the counterclaim, and awarded costs.
The court dismissed trust, fiduciary duty, negligence, and knowing assistance claims arising from Blueberry River First Nation trust transfers and governance decisions.
La Cour rejette les injonctions provisoires et interlocutoires demandées, jugeant la clause restrictive trop large et la définition de « confidentiel » trop vague.
Section 57(1) does not authorize a defendant/infringer to elect a final accounting of profits following a finding of infringement; s.55(1) gives the patentee a statutory right to damages which can only be waived by the patentee (subject to the court’s discretion to grant or refuse an accounting to a successful patentee); the word 'defendant' in s.57(1) contemplates interlocutory applications (including undertakings to keep accounts) but not a defendant’s right to impose a final remedy on the patentee.
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The court cancelled a certificate of pending litigation over a blueberry farm, finding the defendants faced hardship and the plaintiff’s specific performance claim was plainly unsustainable.
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