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The court stayed Spark’s claims against Google in favor of arbitration, finding Spark had not shown a financial “brick wall” or that the dispute could not be resolved in arbitration.
The court granted foreclosure relief, finding the mortgage was not unconscionable under common law or the BPCPA and awarding costs to the lender.
The court found fabricated agreements, awarded Sandhu $125,000 plus 10% interest, imposed a constructive trust, and held enforcement of the agreements unconscionable.
The court dismissed Homewood’s application to stay or strike a wrongful dismissal claim in British Columbia, finding the Ontario forum clause was not clearly exclusive and was unenforceable.
Certification was refused for a proposed class action over waste-disposal surcharges and restrictive CSA clauses, with leave to re-apply on the restraint of trade claim.
Court upheld two promissory notes, rejected unconscionability and BPCPA defences, and dismissed fraud allegations over a claimed $20,000 per month restaurant representation.
The court set aside a jury notice in a product-liability and contract dispute, finding the case involved intricate and complex issues suitable for trial by judge alone.
The court struck several defence paragraphs that pleaded defamation and competition claims, holding they were separate causes of action better left to the counterclaim.
The Court upheld the trial judge's exercise of discretion: clause 7.06 was penal at termination and, given the large disparity between instalments to be forfeited and the value of work performed, full retention would be unconscionable—therefore partial relief from forfeiture was properly granted and the costs award was appropriately left intact.
Source excerpt
The Court allowed the appeal, holding there was no evidential basis for unconscionability or unfairness sufficient to refuse enforcement of the clear termination clause permitting termination without notice; the trial judge erred in rewriting the agreed contract. The trial judgment was set aside, but the respondent was awarded $6,846.50 plus prejudgment interest at 5% and costs allocated as agreed.
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