Canada Case Law

BC Tree Fruits Cooperative (Re)

Court

Supreme Court of British Columbia

Former members were proper persons to seek relief under s.156; the proposed special resolution to amend Rule 125, sought after the monitor identified a surplus, would violate former members' reasonable expectations and is oppressive and unfairly prejudicial; accordingly the court will grant declarations and exercise its s.156(3) powers to prohibit convening the special general meeting and to direct the monitor to distribute surplus funds in accordance with the existing Rule 125.

Source excerpt

• Oppression remedy
• Members' reasonable expectations
• Rule amendment
• Distribution of surplus funds
• Standing/proper person

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GEC (Richmond) GP Inc. v. Romspen Investment Corporation

Court

British Columbia Court of Appeal

The B.C. Court of Appeal held Romspen had to keep funding its $212 million commitment despite failed syndication, but remitted damages and related issues.

• Loan agreement interpretation
• Syndication obligation
• Commercially reasonable efforts
• Duty of good faith and honest performance
• Subordination agreement and standstill clause
• Equitable subordination

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Metro-Can Construction (AT) Ltd. v. Alderbridge Way Limited Partnership

Court

Supreme Court of British Columbia

The court struck the plaintiff’s claims against directors, shareholders and investors, finding the pleadings deficient and the evidence insufficient to support misrepresentation, trust or unjust enrichment claims.

• Negligent misrepresentation
• Fraudulent misrepresentation
• Statutory trust (builders lien act)
• Constructive trust (remedial and substantive)
• Unjust enrichment
• Summary judgment

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Alderbridge Way Limited Partnership v. Romspen Investment Corp.

Court

British Columbia Court of Appeal

Leave to appeal from a refusal to order document production was dismissed in urgent CCAA-related litigation over a stalled development financing dispute.

• Duty of good faith in contractual performance
• Document production and relevance
• Commercial confidentiality and redactions
• Discretionary review in ccaa proceedings
• Leave to appeal criteria
• Document-production

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Laurentian University of Sudbury (Re)

Court

Court of Appeal for Ontario

Leave to appeal was refused because the proposed appeal was not prima facie meritorious, an appeal would unduly hinder urgent restructuring efforts, and the issues were not sufficiently significant to the action; the Court concluded the supervising CCAA judge acted within his discretion in applying the Sierra Club test and that the sealing order was justified on the evidentiary record and exigent timeline.

Source excerpt

• Sealing order
• Confidentiality in ccaa proceedings
• Leave to appeal
• Mediation and court-appointed mediator
• Public interest in open courts
• Charter section 2(d) labour rights

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Desjardins Financial Services Firm Inc. v. Asselin

Court

Supreme Court of Canada

The Supreme Court of Canada authorized a class action against Desjardins entities for alleged disclosure failures and product design issues, while limiting ABCP-related punitive damages.

• Authorization stage
• Duty to inform
• Mandator/mandatary liability
• Design and management liability
• Punitive damages
• Judicial release under ccaa

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Dominion Diamond Mines ULC v. Diavik Diamond Mines (2012) Inc.

Court

Supreme Court of British Columbia

The court adjourned a security-for-costs application until after completion of a CCAA sale process, with the action stayed in the interim and costs in the cause.

• Security for costs
• Stay of proceedings
• Ccaa stay provision (term 14)
• Adjournment
• Costs in the cause
• Security-for-costs

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RMI Marine Limited v. Scotia Tide (Ship)

Court

Federal Court

The Federal Court stayed RMI Marine’s in rem action against the vessel Scotia Tide in aid of a Nova Scotia CCAA proceeding, and ordered the vessel released from arrest.

• Stay of proceedings under s.50 federal courts act
• Vessel arrest and release
• Order for sale pendente lite
• Maritime liens and priorities
• Ccaa initial order and requests for aid
• Admissibility of affidavits

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Northmont Resort Properties Ltd. v. Golberg

Court

Supreme Court of British Columbia

The court struck the defendants’ liability defences in a time-share fee dispute as an abuse of process, and barred contractual interpretation defences by res judicata.

• Abuse of process
• Res judicata/issue estoppel
• Vesting order effect
• Misrepresentation/tilden defence
• Rule 9‑5(1)(d) striking pleadings
• Costs

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Sargeant v. Worldspan Marine Inc.

Court

Supreme Court of British Columbia

The court dismissed Worldspan’s application for a temporary stay, holding that the Federal Court in rem proceedings would not resolve Sargeant’s distinct fraud and conversion claims.

• In rem claim
• Builder's mortgage
• Stay of proceedings
• Issue estoppel
• Res judicata
• Abuse of process

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