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The court added 0805521 B.C. Ltd. as a plaintiff and Brella Wireless Inc. as a defendant in a share-purchase dispute, finding joinder just and convenient.
The court interpreted a handwritten share agreement and held it gave Naresh Mann 50% of Voyageur shares issued to Darren Stevenson as of October 25, 2007, not future shares.
Court found no evidence that the windows or doors were defective within the two-year manufacturer warranty or that the defendant proved invoices related to the relevant period. Defendant paid a repairer $600 and was not reimbursed by the manufacturer, so that cost was chargeable against the funds. Therefore the claimants are entitled to the funds held less the proven repair cost, plus statutory court and service costs as ordered.
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The court adjourned a civil trial after finding genuine intervening circumstances, but refused to require $150,000 security because there was no evidentiary basis.
Convoy Supply obtained judgment for unpaid invoices and against two guarantors, but failed to prove a Builders Lien Act trust claim. Joanna Langton was not liable.
The Supreme Court struck claims for fiduciary duty, negligence and bad faith in a long-term care accommodation-charge class action, but allowed unjust enrichment and s. 15 Charter claims to proceed.
The court held the Bank breached its custodial agreement by failing to forward key tender-offer notices. CDS was not liable. Lost-profit damages were replaced with statutory interest.
Because the solicitor acted for the creditor on the entirety of the single loan transaction (demonstrated by the single mortgage commitment and creditor instructions), the solicitor's receipt of the $90,000 was on behalf of the creditor; further, the motions judge provided no reasons to support an award of solicitor-and-client costs, so the appellate court must delete that award and substitute a party-and-party costs award of $5,000.
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The court dismissed a claim over Czechoslovakian mouldings after finding the plaintiff did not prove any loss or damages caused by the defendants.
The court held MMC, Pamela Frydenlund and the co-lender investors liable for negligent misrepresentation, and granted damages, a first charge and a remedial trust.
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