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The Court of Appeal upheld summary judgment against Prado, but set aside punitive damages to Capital Canada and sent Steiner’s knowing receipt claim to trial.
Court accepted applicant's evidence as more consistent with documentary record and commercial reality, found a continuing agency relationship by conduct that persisted beyond the facial term of the written ASA, concluded applicant materially caused and substantially contributed to Nautel's sales to VOV, and ordered commission at 10% of the invoiced gross amounts (commercial practice and prior correspondence supporting a 10% measure); alternatively quantum meruit/unjust enrichment would apply.
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The Court rejected the plaintiff’s equity and ownership claims, awarded repayment and quantum meruit, dismissed wrongful arrest, and allowed the defendant’s defamation counterclaim in part.
The Court of Appeal upheld refusal to set aside a struck defence and confirmed joint and several judgment for unpaid construction invoices under s. 7 of the Construction Act.
The Court held the trial judge erred in law by using evidentiary material and by mischaracterizing the insurer's obligation to pay 'reasonable' expenses as a contractual discretion; the Amended Statement of Claim does disclose viable causes of action for breach of contract and breach of the duty of good faith in relation to unpaid travel benefits and certification of a benefits class is appropriate; claims for return of premiums and unjust enrichment were not viable and cannot form part of the certified class.
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The court found an oral construction management agreement was illegal under the HPA, but allowed quantum meruit recovery with deductions for warranty cost and profit.
The court accepted the joint expert's methodology with adjustments under recent Nova Scotia authority and attributed corporate income to M.L. under ss.18/19 of the Guidelines, fixing guideline income for 2018-2021 (2018 $198,552; 2019 $455,872; 2020 $517,877; 2021 $318,742) and directing recalculation of retroactive child support (April 1, 2018–June 1, 2020) and prospective support (July 1, 2020–Jan 1, 2025) using those incomes while accounting for payments in lieu; the court found unjust enrichment/joint family venture established as to a discrete contribution by A.A. and awarded a monetary…
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The court certified an Indigenous child welfare class action alleging systemic negligence, Charter breaches, fiduciary duty, and unjust enrichment, and rejected certification-stage immunity bars.
Appeal court dismisses Airbnb’s stay application pending appeal from class certification and a jurisdiction ruling, finding no irreparable harm and that the balance of convenience favours proceeding.
The court granted a modified freezing order in a dispute over alleged unauthorized transfers of about $11.96 million under powers of attorney and a joint account.
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