The Court dismissed a confidentiality claim but found Hanch Enterprises unreasonably withheld consent to an assignment. Simply Ballet received nominal damages of $1,000.
The court dismissed a summary trial application in a dispute over post-departure commissions, finding the contractual issues were too intertwined for piecemeal resolution.
Privity of contract
Post-termination commissions
Restraint of trade / restrictive covenant enforceability
The court rejected issue estoppel and held the conflict in the evidence made summary disposition inappropriate, sending the employment and interference claims to trial.
The Applicant failed to establish a building scheme because covenants were not uniform, lacked reciprocity, did not show intent to benefit all lots, and expressly granted the developer unilateral waiver power; the covenants do not identify a dominant tenement and do not expressly prohibit subdivision, so subdivision was not a breach; estoppel by convention was not established because there was no shared assumption that subdivision was barred and no proven detrimental reliance; the Respondent's interference claim failed for lack of reliable evidence of causation and provable damages. According…
The B.C. Court of Appeal allowed Pfizer’s appeal, holding the patent regulatory regime is a complete code and that the consumer class action should not have been certified.
Oppression petition dismissed. The court found one breach in failing to canvass Bessemer in October 2009, but held causation was not proved and dismissed the claims.
The franchisor did not breach s.3 of the AWA because the appellant received the amended offer and a lawyer's letter indicating the lease was not final, the differences in the final lease were not material, the appellant's principals were experienced and chose not to seek further information, and the territory size was foreseeable; therefore the appellant made an informed commercial decision and the appeal is dismissed.
Source excerpt
Breach of statutory duty of fair dealing (awa s.3)
The Supreme Court of Canada dismissed an appeal alleging that union-related respondents induced an unlawful strike and interfered with a construction contract.
Unlawful strike
Procurement of breach
Illegal means doctrine
Statutory violation (industrial relations and disputes investigation act)