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Ontario Court of Appeal upheld enforcement of a Dubai-seated arbitral award, holding the agreement incorporated amended rules and Article V of the New York Convention was not breached.
The Court of Appeal upheld a limitation of liability clause in a condo purchase agreement, holding it was enforceable and not unconscionable or contrary to the Tarion Addendum.
The Court of Appeal for Ontario dismissed the landlord’s appeal, upholding the lease interpretation of “audited statement” and the finding that promissory estoppel barred rent before January 1, 2021.
The court held that Access West wrongfully repudiated a sublease, rejected the defendants’ rent-free-possession interpretation, enforced the indemnity, and awarded damages, interest, and solicitor-client costs.
Summary judgment was granted to the plaintiff for deferred consulting fees and unreimbursed expenses. The court held the addendum deferred payment but did not make it indefinitely contingent on going public.
The Court of Appeal dismissed an application to vary the refusal of leave to appeal an arbitral award, holding the proposed issues were mixed fact and law.
The Court of Appeal held that the presale contracts terminated under clause 2 absent written extension, so Anderson Square validly terminated and did not breach.
The court held that a shareholders agreement did not require Aurora Roofing Ltd. to keep paying Craig Lewis’s $80,000 salary after his termination, but he was entitled to wrongful dismissal damages.
The court dismissed a statutory appeal and petition challenging a restrictive covenant tied to subdivision approval and rental housing conditions.
The court held the purchase contracts remained valid past 2018, found the amended disclosure statement unenforceable, and held the defendant breached in April 2024.
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