The court refused proposed amendments adding inducing-breach and veil-piercing claims, and struck those pleadings for lack of material facts, while allowing a future properly pleaded inducement application.
Judicial review of an RCMP grievance decision was granted because the adjudicator unreasonably applied precedent and misread the Depressed Market Benefit rules.
The British Columbia Court of Appeal dismissed an appeal challenging an interim preservation order made without an undertaking as to damages against the Director of Civil Forfeiture.
Interim preservation orders
Undertaking as to damages
Statutory immunity
Balance of convenience
Interpretation of civil forfeiture act s.9 and s.69
Appeal dismissed in a foreclosure and fraud dispute involving alleged improper corporate registry changes and mortgages granted under the Business Corporations Act.
The Federal Court declined to hear an urgent stay motion to stop removal, finding the motion was filed too late and the applicant did not meet the stay test.
The Federal Court dismissed the Five Nations’ motion for an interlocutory injunction over AABM Chinook allocations, finding no irreparable harm and that the balance of convenience favoured Canada.
The Court of Appeal dismissed the appeal and affirmed the trial judgment: the Plan transferred SFC's corporate causes of action to the Litigation Trust so the respondent could sue the appellant; the trial judge did not err in finding causation and in measuring SFC's loss using the accepted expert methodology (net cash raised less realizations), including awarding compensatory and punitive damages; election and double-recovery arguments failed as a matter of law and fact; and the trial judge's evidentiary findings were supported by the record and entitled to deference.
A commercial strata dispute over Unit 1690 turned on whether selling non-ginseng products breached the approved use. The court found a breach, rejected estoppel and unfairness, and granted declarations.
The court ordered rectification of a directors’ resolution after accountants misstated the available capital dividend account, concluding the resolution failed to record the parties’ true agreement.