Canada Case Law

2056706 Ontario Inc. v. Pure Global Cannabis Inc.

Court

Court of Appeal for Ontario

The motion judge reasonably interpreted the APA to require the receiver to negotiate and use best efforts to complete the SPA, which the receiver did; the receiver had no authority over the excluded Health Canada licence and no evidence showed it could have prevented the licence from lapsing in the available timeframe, therefore there was no breach and the appeal is dismissed.

Source excerpt

• Good faith
• Best efforts
• Contract interpretation
• Authority of receiver
• Licence expiry

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Thind v. Bluebird Cabs Ltd.

Court

Supreme Court of British Columbia

The court dismissed Thind’s oppression and unfair prejudice petition on the interlocutory record, dismissed Bluebird’s injunction request, and sent the matter to trial.

• Oppression remedy
• Unfair prejudice
• Shareholder rights
• Enforcement of articles and rules
• Suspension of privileges for criminal charges
• Injunction against flagging

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Fleck et al. v. Jones

Court

Supreme Court of Canada

The Supreme Court of Canada upheld liability for inducing breach of contract and breach of the transport contracts, finding the March 9 agreements binding despite the licence contingency.

• Inducing breach of contract
• Repudiation
• Interference with contractual relations
• Damages
• Public utilities licensing
• Inducing-breach-of-contract

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