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Certification was dismissed in this proposed class action over a fictitious immigration program, but the court allowed limited amendments and leave to continue as ordinary proceedings.
The respondent wilfully and continuously obstructed the applicants' express right of way from spring 2021 through the decision date, constituting an actionable nuisance/trespass justifying declaratory relief and an injunction to remove the fence and gate; the sustained, high-handed nature of the conduct warranted general damages of $2,500 and punitive damages of $1,500, reimbursement of $474.38 for a temporary access road, and costs of $1,000 under Tariff C (multiplied due to the importance to applicants).
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Supplementary reasons on pre-judgment interest for defamation damages. The court awarded interest on general and punitive damages and excluded aggravated damages.
The court found a joint venture, rejected an alleged management-fee agreement, and held Denis Medanic and related companies liable for diverting fishing revenues.
British Columbia Court of Appeal decision in a long-running partnership winding-up dispute, addressing secret profits, accounting adjustments, conversion and punitive damages.
The court certified a national class action over Alesse oral contraceptive pills, finding the pleadings and evidence sufficient for negligence, BPCPA, and HCCRA claims.
The court held the plaintiff had substantial success and was entitled to Scale B costs, but refused special costs and Scale C uplift.
Supplementary reasons in a long-running partnership dispute: the court quantified secret profits, unbilled work-in-progress, conversion damages, and punitive damages.
Appeal dismissed; appellate court held the trial judge applied correct legal principles in assessing non-pecuniary damages and selecting an appropriate range for this case, rejected the apportionment argument because the judge considered settlements and the alleged harassment, and upheld the punitive damages award as justified by the reprehensible nature of the assault and the need for denunciation and deterrence.
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On default judgment, the court awarded Paragon damages, disgorgement of profits, a permanent injunction, and punitive damages for copyright and trademark infringement.
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