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The defendant repudiated the contract by abandoning the project and ceasing communication for an extended period; the claimant was entitled to treat the contract as terminated and recover restitution of unearned payments plus the proven overage and modest general damages and filing costs; the counterclaim was dismissed.
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La Cour suprême de la Colombie-Britannique a évalué les dommages pour congédiement constructif, a retenu 24 mois de préavis, puis a accordé dommages aggravés, punitifs, intérêts et dépens.
The court found an oral contract for a demo website, rejected most contract claims, held Gust liable in conversion and fiduciary breach, and found Buckley negligent.
British Columbia Court of Appeal dismissed an appeal in a breach of trust case, upholding enforceability of trusts, equitable compensation based on highest value, and punitive damages.
The court certified a class proceeding over alleged failure by the Public Guardian and Trustee to open RESPs and obtain CLB and BCTESG benefits for children in care.
The appeal is dismissed because the chambers judge's reasons, read with the record, were legally and factually sufficient to permit review, and the $30,000 punitive award was within the judge's discretion and rationally connected to the purposes of punitive damages given the facts (egregious breach, vulnerability of victim, compensatory relief and other remedies awarded); appellant failed to fully brief comparative authorities which undermined her challenge.
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Summary assessment after default judgment in estate litigation: the court awarded special damages and punitive damages against a former administrator for fiduciary breaches, misappropriation, and non-disclosure.
The Court of Appeal held that the term 'Client' in the Mellon Trust Agreement refers to a single legal entity (BNY/Mellon Financial) and the contract did not authorize redistribution of SS&C's data to CIBC Mellon or to affiliates acquired after contracting; the trial judge permissibly changed his unentered judgment to correct an outcome-determinative oversight; SS&C's claims were not limitations-barred because discovery occurred in 2016; the damages award was largely upheld as reasonably grounded in the evidence and trial judge's methodology, but the separate damages award for CIBC Mellon con…
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The court found John Menzies breached his POA duties and exercised undue influence over a $290,000 deposit, awarding the estate $403,100 in damages.
The court dismissed Boxmaker’s summary trial application, finding an evidentiary gap in the plaintiff’s materials and unresolved factual questions about credit checks and a time-sensitive order.
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