Canada Case Law

Soup Pot Ideas Inc. v. 778938 Ontario Limited

Court

Supreme Court of Nova Scotia

Although Obladee established an arguable case on the lease termination issue, the court refused the interlocutory injunction because the balance of convenience favoured Starfish Properties and public safety: remediation required by HRM likely cannot be performed safely while the tenant remains, the injunction would create a stalemate with municipal enforcement, and monetary damages were deemed an adequate remedy if Obladee ultimately succeeds.

Source excerpt

• Interlocutory injunction
• Commercial lease termination
• Specific performance claim
• Building code compliance
• Public safety

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Armstrong v. North Saanich (District)

Court

British Columbia Court of Appeal

The Court of Appeal dismissed both appeals, upholding permits for stairs on an easement and confirming the easement included an ancillary right to build them.

• Easements and ancillary rights
• Judicial review - reasonableness
• Statutory interpretation of municipal powers
• Procedural fairness
• Development and building permits
• Easements

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Lionsgate Studios Corp. (Re)

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia approved a proposed arrangement separating Lions Gate’s studios and Starz businesses, despite objections from CPPIB noteholders.

• Plan of arrangement
• Fair and reasonable test
• Good faith in corporate arrangements
• Debt exchange and indenture amendments
• Creditor rights vs economic interests
• Collapse of dual-class share structure

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Marida Holdings Ltd. v. Wang

Court

Supreme Court of British Columbia

The court set aside a damages assessment and default judgment after accepting the defendant was entitled to notice, had not willfully defaulted, and showed arguable defences.

• Setting aside default judgment
• Damages assessment
• Substitutional service
• Rule 22-1(3)
• Inherent jurisdiction
• Service of process

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Ralmax Properties Ltd. v. Pt. Ellice Properties Ltd.

Court

Supreme Court of British Columbia

The court held that a March 2018 term sheet for the sale of Pt. Ellice lands and shares was not a binding contract because essential terms remained unsettled.

• Term sheet enforceability
• Specific performance
• Environmental indemnity and security
• Deposits and partial performance
• Non-disclosure agreements
• Duty of honest contractual performance

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1155204 B.C. Ltd. v. NV Highway Properties Ltd.

Court

Supreme Court of British Columbia

The court held the share-purchase mechanism was unenforceable as drafted, ordered return of the $1.25 million deposit and $100,000 extension fee, and denied further damages.

• Consensus ad idem
• Mutual mistake
• Nemo dat quod non habet
• Rectification
• Piercing the corporate veil
• Share purchase option

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Bellwoods Brewery Inc. v. 1896841 Ontario Limited

Court

Court of Appeal for Ontario

The Court dismissed the appeal, holding the trial judge did not err in finding the landlord breached the lease, in granting specific performance given the uniqueness of the premises, and in accepting and applying the expert's damages methodology (awarding the low end to account for contingencies); costs were awarded to the respondent.

Source excerpt

• Specific performance
• Damages assessment
• Commercial lease interpretation
• Breach of lease
• Appellate review

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The Rosseau Group Inc. v. 2528061 Ontario Inc.

Court

Court of Appeal for Ontario

The Court of Appeal affirmed liability: 2528061 breached the amended APS by refusing to complete the sale; however the trial judge erred in departing from the normal measure of damages (lost expected profits) without showing the normal measure would not compensate the recoverable development value, and therefore set aside the damages award and ordered a new hearing to assess damages as the difference between the purchase price and market value on the date set for closing.

Source excerpt

• Measure of damages
• Remoteness (hadley v. baxendale)
• Specific performance
• Tender and readiness to complete
• Expert evidence
• Assessment date for damages

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WB Cape International Limited v. Liquid Media Group Ltd.

Court

Supreme Court of British Columbia

The court dismissed a petitioners’ application for an interim injunction sought under s. 227 of the BCA to preserve DCU board composition under a share exchange agreement.

• Oppression remedy (s.227 bca)
• Interim mandatory injunction
• Board composition and shareholder agreements
• Jurisdictional limits re foreign subsidiary
• Contractual vs equitable remedies
• Oppression-remedy

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Ontario (Indigenous Police) v. Canada (Public Safety)

Court

Federal Court

The Federal Court granted part of IPCO’s motion, ordering temporary reinstatement of funding for three Indigenous police services and limited relief from two section 6 prohibitions.

• First nations and inuit policing program (fnipp)
• Canadian human rights act
• Federal courts act s.44
• Interlocutory injunctions
• Honour of the crown
• Issue estoppel

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