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The court dismissed claims over a cannabis consulting deal and bare trust, finding no pleaded or proven novation and a fundamental breach by consulting for the wrong company.
Appeal dismissed in a commercial lease dispute over unpermitted renovations. The Court held the tenant’s breach was serious but not fundamental and not a true condition.
In a commercial lease dispute, the court held the landlord had to repair a blocked drain, but the defect was not a fundamental breach or frustration. Judgment went to the landlord, net of deposit.
The court found the seller repudiated a real estate contract by failing to provide an occupancy permit and clear title. The buyer was entitled to return of the $1 million deposit and special costs.
The court dismissed a petition for possession, finding tenant renovations without permits and a resulting encroachment were serious but not a fundamental breach or a breach of a true condition.
The Court of Appeal held that failure to obey a wildfire evacuation order breached the subleases but was not a fundamental breach. It reduced costs from Scale C to Scale B.
Summary trial over a failed West Vancouver sale: Ms. Liu’s contribution claim was barred by the settlement, Dracco earned commission, and the indemnity counterclaim failed.
The motion judge properly granted partial summary judgment on liability because the pleaded breaches by the seller were not fundamental and no genuine issue for trial existed on liability; the buyer waived the due diligence/zoning condition which insulated the seller from that complaint; the proposed fresh municipal evidence could not have altered that outcome and therefore was inadmissible; the appeal and fresh evidence motion are dismissed and costs awarded.
Source excerpt
The Defendant breached the Consumer Protection Act implied durability condition for consumer sales but the defects were repairable and did not amount to a fundamental breach entitling rescission; the claimant unreasonably failed to mitigate by leaving the car to decay and not crystallizing the loss, limiting recoverable damages to the immediate remedial costs paid and the worthless after-market warranty, with interest from delivery date.
Source excerpt
The court held that a delay in evacuating during a wildfire order breached the subleases, but not fundamentally. The plaintiff could not terminate or repossess.
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