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Construction dispute over a passive-house project. The court found the parties amended their contract to add a $925,000 GMP and awarded damages to the owners.
Factory 21 is liable for its sales agent's fraud under ostensible authority but the Claimant received full value for that fraud via credit toward the Mazda; on the vehicle defects, the express 30-day 50-50 warranty applied and the Claimant failed to mitigate by not returning the vehicle to Factory 21 for diagnosis and repair, therefore damages were limited and assessed at $1,500 with Factory 21 responsible for one-half ($750) plus awarded costs of $314.35, totaling $1,064.35.
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The court held that Chief Don Moses lacked authority to bind the Lower Nicola Indian Band to a settlement of a wrongful dismissal claim.
The court dismissed First on First Auto Sales Ltd.’s appeal from the trustee’s disallowance of its bankruptcy claim, finding the settlement and releases extinguished the dispute.
The court held that vehicle transactions arranged by Hallmark Ford’s fleet manager were taxable sales, and Hallmark Ford’s failure to remit PST after discovering fraud was wilful default.
The court dismissed a summary judgment application against Shuswap on an alleged oral guarantee, finding no sufficiently immediate or tangible wider interest to bypass writing requirements.
On a post-trial costs application, the court held the plaintiff met Rule 37(23) and awarded costs to November 22, 2005, plus double costs from that date.
The CEO did not have actual authority to conclude a binding settlement on behalf of the Board because the Board alone holds the delegated statutory authority over medical staff privileges and had not authorized sub‑delegation; there was no evidence of any representation by the Board giving the CEO ostensible authority, therefore the mediated Minutes of Settlement were not binding and the application failed on the applicant's burden of proof.
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The court held that a mortgage granted by Oxford Holdings was valid and enforceable because Marc Oughton had actual, or at least ostensible, authority to bind the company.
The Supreme Court of Canada held that a sub-agent with no indicia of authority could not bind the insurer by saying the plaintiff was insured or by taking a premium.
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