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The court enforced an oral construction agreement, struck non-compliant pleadings, and awarded damages for unfinished funding and conversion-related losses.
Adjudicator accepted Russell's account and rejected Hamilton's as non-credible, found a partnership/joint venture existed, found Hamilton intercepted and misappropriated multiple payments (including the RCS receivable and gravel proceeds), held Hamilton personally liable for specified personal loans and credit-card/cash advances, found Hamilton liable in conversion for the hydraulic hammer and assessed lost-use damages, and performed an accounting yielding specific monetary judgments (Russell $24,513.70; Seam $12,400.00; counterclaim judgment for Russell and Lopez $1,353.45).
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The court held the plaintiff had substantial success and was entitled to Scale B costs, but refused special costs and Scale C uplift.
Court of Appeal held distress damage feasant could not be raised on appeal because it was not pleaded and facts were inadequately developed; trial judge erred by failing to explain basis and calculation for $100,000 lost income award and a new trial on lost income is ordered; trial judge erred in crediting $3,090 rent arrears against seized chattels because the landlord had terminated the lease making the distraint unlawful; trial judge correctly held Glass liable under the separate oral agreement to complete Site Plan obligations and refusal to credit non-deposit municipal payments was corre…
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The court refused the CPR 42.02 preservation order for the boat and the truck/ATV because there was no irreparable harm concerning those chattels and the balance of convenience favoured the defendants; however, the court granted a CPR 42.11 Mareva injunction in respect of the real properties (PIDs 40545055 and 41061680) because the plaintiff demonstrated a strong prima facie case, uncontradicted evidence of substantial conversion, a genuine risk of asset dissipation (supported by defendants' failure to produce evidence), and the balance of convenience favoured preservation to protect likeliho…
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The court found Harry Piao and Top Car breached their agreement with Da Bei Li over a BMW i8, and held Qun Wang liable for conversion and breach of the Tianjin Agreement.
Claimant established only a limited set of items remained in the defendant's possession and is entitled to their return; claimant failed to prove ownership and/or monetary value for the bulk of the claimed items so monetary damages are dismissed; claimant awarded filing costs for partial success and the defendant ordered to return specified items and conduct a timely search with specified notice conditions.
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The court found the father did not gift 802 to his daughter, held she converted $423,900 and left a $10,000 loan unpaid, and ordered tracing and accounting for possible proprietary relief.
La Cour autorise la poursuite contre le tiers malgré sa faillite, jugeant que les allégations de fraude et de manquement fiduciaire suffisent à faire examiner les exceptions de l’art. 178 LFI au procès.
The Court held that the banks’ s.20(5) BEA defence applied: two payees were objectively non-existing and, crucially, Teva failed to show corporate intent that the named payees receive payment because no responsible officer reviewed or approved the requisitions; absent evidence of the drawer’s directing mind forming an honest mistaken belief, the payees are fictitious and the cheques are treated as payable to bearer, absolving the collecting banks of liability for conversion.
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