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The court refused to extend the CCAA stay for the VK Group and granted RBC's application to appoint a receiver under BIA s. 243(1).
The appellate court dismissed the appeal: the CFA was enforceable and produced a contingency fee obligation because the arbitration conferred a real and valuable benefit on the client (control and access to the profitable business) even though the fixed monetary award was not collected in cash; the assignment constituted an unconditional acknowledgment of the debt; non‑compliance with regulatory formalities did not render the CFA unenforceable where the agreement is fair and reasonable; the respondent was entitled to a common‑law solicitor's lien; no reversible error in the motion judge's exe…
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The Court of Appeal granted an extension of time and leave to appeal a BIA s. 272 order, restrained use of seized information pending appeal, expedited the appeals, and made targeted sealing orders.
The court ordered Chase Business Development Corp. to post $60,000 security for costs after finding it likely could not pay costs and had not shown sufficient exigible assets.
An action under the Fraudulent Conveyances Act to declare a conveyance void as against creditors is governed by the two-year discoverability limitation in s.4 of the Limitations Act, 2002, not the ten-year RPLA s.4, because the FCA remedy does not grant the plaintiff a proprietary interest in land by judgment; accordingly Anisman (ONCA) was wrongly decided to the extent it applied the RPLA.
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The court granted an interim preservation order under the Civil Forfeiture Act over cash, gold, watches, jewelry, and bank funds linked to Quadriga-related allegations.
The court cancelled two certificates of pending litigation on condition of $20,000 security, finding the CPLs caused financial hardship through costly refinancing.
The court dismissed TCC Mortgage Holdings Inc.’s application to substitute a discovery representative, holding XS West could examine Mr. Nye and no overwhelming prejudice was shown.
The court held the renovation contract was cost-plus, not fixed-price, and awarded IRL $311,000 plus pre-judgment interest. Lunniss recovered $196,768.08 from IRL.
Section 9 of the August 9, 2010 share purchase agreement unambiguously required that if one half of the purchase price ($750,000) had not been paid within five years, the unpaid balance of that one half was immediately payable; therefore the Court of Appeal allowed the appeal in part and awarded the appellant $750,000 jointly and severally against Walter Palisca and Palcam Solutions Inc. with pre‑judgment interest from August 9, 2015; the trial judge's dismissal of the appellant's other claims (wrongful dismissal/oppression and punitive damages) was upheld as supported by the factual findings.
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