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Canada decisions
Decisions matching the current search
Court of Appeal held PWC acted as Century’s agent in liquidation, so improvident realization reduced the debt, but contractual compound interest still applied.
Foreclosure judgment on remittal fixing the redemption amount, allowing improvident realization set-off, and adjusting interest in equity.
The court dismissed Richard Quigley’s claim that Canadian Western Bank acted unreasonably by not selling Petrowest shares sooner and refusing set-off.
The Court upheld arrest of the vessel Sea Senor, declined to order its pre-trial sale, and left PPSA enforcement issues to be decided at trial.
The court held that fraud induced C&F’s Trac Chile contract, allowed rescission, rejected Imbamar’s agency and good-faith purchaser claims, and found a PPSA issue only in the alternative.
The court ordered most of the funds in court paid to the judgment creditors, rejected third-party priority claims for lack of proof, and dismissed the contempt application.
The court approved a receiver’s recommended settlement after finding it commercially reasonable despite EEU’s objections that it extinguished its rights.
Action on an equipment lease: rescission failed, but the defendant obtained damages for negligent misrepresentation and a credit for the equipment’s value.
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