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The court found Beck breached post-closing contractual duties and that his conduct was attributable to Megory. ABZ recovered damages; the defamation claim failed.
The Ontario Court of Appeal dismissed an appeal from summary judgment, upholding repayment of fees under a forfeiture clause and rejecting the penalty-clause argument.
The court dismissed a summary trial and strike application in a business sale dispute, finding disputed facts about equipment, financial statements, and post-closing obligations required a trial.
The court granted an interlocutory injunction enforcing a non-competition covenant tied to the sale of Sonic Transport, finding a strong prima facie case, irreparable harm, and balance of convenience.
The court held that the promissory note did not allow unilateral reduction of quarterly interest payments, granted judgment on the debt, and voided the non-competition agreement.
Because Coco Paving succeeded at trial and there were no special circumstances to show the injunction was wrongly granted, Dunn Aggregates was not entitled to damages under the undertaking or under Rule 40.03; the trial judge's bar on the damages claim was correct and is upheld.
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The appeal was dismissed because the application judge’s factual finding — that there was no agreement by the respondent to the NCA on the evidence before him — was supported and could not be overturned; absent agreement, specific performance to compel execution of the NCA could not be ordered.
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The court dismissed a family law application to approve sale of business assets on terms requiring a spouse to sign a non-competition agreement.
The Court of Appeal reversed the trial judge’s interpretation of the restrictive covenant as too narrow, holding a broadly worded non‑competition clause in a business sale covers the vendor’s pre‑existing competing operations and thus deliveries by the Dartmouth pharmacy to peninsular Halifax breached the covenant; the trial judge did not err in his practical treatment of the Goodfellow report but did err in concluding the court lacked jurisdiction to decline contractual pre‑judgment interest under Judicature Act s.41(k), and because appellant failed to prove quantifiable loss from the breach…
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The Court of Appeal held that the plain language of the ROFR permitted RDI to lease 650 to a fitness facility and that the application judge erred by relying on pre-contract negotiations to override the written agreements; accordingly the Movati lease was not void and the injunction against preparatory works was improper because ordinary landlord services under a valid lease do not violate the NCA.
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