The court ordered psychiatric and neurological IMEs, dismissed a request for the expert’s engagement agreement, and required production of cited reference materials.
The court held the non-compete and confidentiality clauses enforceable, found breaches, awarded $50,000 in damages, denied an injunction and punitive damages, and granted special costs.
The court dismissed the action against Peter James Howard for lack of territorial competence under the CJPTA, finding no prima facie B.C. jurisdiction and, alternatively, that the U.K. was the more appropriate forum.
Respondents must produce an itemized list identifying documents over which privilege is claimed (for the period before service of the Notice of Intended Action on the Attorney General and before retention of outside counsel by other respondents), setting out date, sender/recipient and status, general subject matter (without breaching privilege), type of privilege and basis for the claim; respondents must produce all contracts between them relating to the Project subject to protective measures; the request for a discovery subpoena for Rory MacDonald is denied as premature and inadequately foun…
Appeal from an advance-costs order funding a Charter challenge to broadcasting laws. The Court held the challenge was too speculative and set the order aside.
Section 2(b) charter freedom of expression
Advance costs (okanagan/little sisters test)
Radiocommunication act ss.9(1)(c),10(1)(b),18
Order in council broadcasting licensing restrictions
The donated cartoons were not personal-use property because their primary use was commercial (created and used to fulfil a contractual obligation to Sun Media), so the 2001 assessment of taxable capital gains is correct and the appeal for 2001 is dismissed; the 1999 reassessment is barred by statute because the Minister did not prove misrepresentation through neglect, carelessness or wilful default, so the 1999 assessment dated July 30, 2007 is vacated.
The court found Cancedar breached a log-home contract by delay and non-compliance, and by selling the home to a third party. Hodson recovered repayment, resale profit, and commission.
The motions judge properly applied the Anton Piller three‑prong test and his factual findings were supported by the evidence such that there were no palpable and overriding errors; accordingly the order refusing to set aside the Anton Piller order is upheld and costs are awarded to the respondent on appeal.
The court ordered return of survey plans, holding the defendant’s earlier delivery abandoned any possessory lien and that any copyright consent was not withdrawn.