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The court removed this complex investment dispute from fast-track procedure, finding it could not be tried in three days and ordering an early 15-day trial.
The court held the sale agreement was enforceable, upheld the brokerage’s capped commission, rejected rescission for misrepresentation, and dismissed the third-party fiduciary claim.
The court ordered a further $4 million interim release from trust funds and held that a consent order prevented the plaintiffs from pursuing summary trial against 1032.
On the balance of probabilities the Appellant's alleged employment with X was false based on documentary and testimonial inconsistencies; therefore she did not accumulate the required insurable hours and the benefit period of May 1, 2011 is cancelled; Respondent proved subjective knowledge for misrepresentation and a penalty was properly imposed.
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Construction and joint venture dispute arising from the Gardena project in Kelowna. Most claims failed, but OKM recovered $89,196 for unsupported third-party billing.
The panel concluded that the claimant's repeated misrepresentations, use of fraudulent documents, significant inconsistencies and implausibilities in testimony, and unreliable supporting documents rendered the claimant generally not credible and deprived the claim of sufficient credible or trustworthy evidence to establish a reasonable possibility of persecution or a balance of probabilities risk of torture or cruel and unusual treatment; accordingly the claim is rejected under IRPA ss.96,97 and s.107(2).
Source excerpt
Application to compel production of a former company insider for discovery was granted. The court held service of the appointment could be made on plaintiff’s counsel under Rule 7-2(13)(a).
The Adjudicator found the evidence insufficient to establish fraud or fraudulent inducement; claimant knew or should have known the significant facts, chose to terminate the lease to protect her business, and therefore the claim for the rent balance fails.
Source excerpt
On the facts Dusty Roads acted as Le Car’s agent, deposits for undelivered 49 cars were refundable and Dusty Roads owed Le Car US$247,933.00; Mr. Daley personally misrepresented deposit requirements and altered documents (the Additional Deposit US$86,623.50) so the corporate veil was pierced and he is jointly and severally liable for that amount; other claims for under‑equipment and excessive markup were not proved and dismissed.
Source excerpt
The Court of Appeal upheld liability for constructive dismissal but held the salary misrepresentation did not justify rescission or dismissal for cause. Damages were reduced to $72,800.
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