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The Court of Appeal upheld summary judgment against Prado, but set aside punitive damages to Capital Canada and sent Steiner’s knowing receipt claim to trial.
Plaintiff failed to prove contractual loans; defendants failed to rebut presumption of resulting trust so transfers are held on resulting trust for plaintiff; alternatively transfers were procured by presumed undue influence because plaintiff was vulnerable from Huntington's disease and defendant had opportunity to dominate his will; credit card charges were authorized and conversion not proven; employer had just cause to terminate Karen for serious breaches of fiduciary duty; plaintiff liable in tort for a single sexual assault incident and awarded $15,000 general damages.
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The Ontario Court of Appeal dismissed Stuart Cameron Murray’s appeal, affirming summary judgment for TD Bank on causation and loss arising from alleged trust-account banking errors.
Because success on the summary applications and the Rule 10-1 transfer was mixed, and earlier applications had costs fixed in the cause that cannot be varied, the court exercised its discretion to depart from the default that costs follow the event and ordered that each party bear their own costs of the applications before the court.
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Plaintiffs failed to establish a real and substantial connection between British Columbia and the facts pleaded under CJPTA s.3(e)/s.10 because the pleadings and evidence did not show the alleged torts, restitutionary obligations or operative business activities occurred in BC; the presumption of jurisdiction was not triggered or was rebutted and the action is therefore dismissed for lack of territorial competence.
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AY Construction Ltd. established a strong prima facie proprietary interest in the Bobcat, steel I-beams and cutting torch based on documentary and corroborated employee evidence; Ms. Yager lacked title to sell; balance of convenience favored provisional return of the Equipment to AY Construction Ltd.; replevin ordered without security and subject to resolution at trial.
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The Ontario Court of Appeal dismissed 2668602 Ontario Inc.’s appeal, holding a liquidation order deemed warehouse racking abandoned after lease disclaimer and sale deadlines.
The Court of Appeal for Ontario granted limited leave to file a reply factum, allowing only issues 1 and 2 as drafted and refusing the rest.
The court dismissed the respondents’ request for special costs, but adjusted Scale B costs to reflect time wasted by late admissibility objections raised at the hearing.
The court voided a towing company’s sale of an impounded RV for non-compliance with the Warehouse Lien Act and granted interim possession to the owner, subject to security.
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