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The Court of Appeal upheld a mortgage discharge, finding First Swiss had actual and apparent authority to accept payout funds and discharge the mortgage on Olympia’s behalf.
Court of Appeal reviewed agency, vicarious liability, and mitigation issues in a class action about temporary foreign workers and recruitment fees.
The Claimant is entitled to restitution because the Defendant received the benefit of emergency remediation, the Claimant suffered a corresponding deprivation by performing and invoicing for the work, and there was no contract or other juristic reason absolving the Defendant of payment; the Claimant's industry-standard charges are reasonable and the Defendant must pay $5,793.78 plus costs.
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The court dismissed Moez Kassam’s claim against Dream Wines Corporation, finding the contract was with Brian Gunsten personally and no conversion was shown.
Court of Appeal upheld specific performance of a West Vancouver land sale, finding a binding contract, family beneficial ownership, and Paramjit Hothi’s authority to sell.
Undisputed evidence showed the respondents did not know of SCRL's existence or identity when dealing with Hubley; knowledge of the alleged principal is a necessary precondition for agency by estoppel, therefore the respondents' estoppel claim had no real chance of success and summary judgment for SCRL was proper.
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The court found Harry Piao and Top Car breached their agreement with Da Bei Li over a BMW i8, and held Qun Wang liable for conversion and breach of the Tianjin Agreement.
The court found a binding contract to sell 2599 Marine Drive, held Gurdaver Hothi was a bare trustee, and ordered specific performance against the sellers.
A genuine issue of material fact exists as to whether the franchisor’s conduct and signage, marketing and operational control created a representation and induced the plaintiffs to rely on Hubley as an agent of SystemCare (agency by estoppel/apparent authority); credibility and competing inferences must be decided at trial, so summary judgment is inappropriate and the defendant’s motion is dismissed.
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Emails demonstrate an objective offer and unequivocal acceptance on December 15, 2015 forming a binding settlement; Mr. Jefferson had at least apparent authority to bind his mother (bolstered by the provided power of attorney, which on its face met Nova Scotia requirements), there was no admissible evidence of fraudulent misrepresentation by counsel, and the motion to enforce the settlement was therefore granted.
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