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The court granted the Tsetsaut/Skii km Lax Ha Nation's joinder application, finding no plain and obvious lack of standing or abuse of process.
Appeal dismissed because appellant failed to discharge the onus of proving it was Imasco's successor or equitable assignee due to the absence of the schedule of Excluded Assets leaving a critical evidentiary gap, and the application judge did not err in refusing to admit further evidence or convert the application to an action.
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The court settled the form of a trial phasing order in a treaty-breach action, confirming that evidence on field and village-site size and location belongs in Phase 1.
The Court allowed the appeal and overturned the chambers judge’s summary judgment because material and genuinely disputed issues of fact existed about whether Ford Credit acted for an undisclosed principal and whether the Bank’s identity‑based reliance precluded application of the undisclosed principal doctrine; those factual disputes should have been left for trial and the motions judge erred by resolving them on summary judgment and by failing to address whether the Inter‑Creditor Agreement expressly or impliedly excluded an undisclosed principal.
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The applications judge's order setting aside the statements of claim was set aside; on TeleZone principles the Agreement's Part 3.12 is sufficiently specific to allocate exclusive jurisdiction to the Federal Court for eligibility and membership determinations, but it does not necessarily oust the superior court's jurisdiction over valid private causes of action for damages arising from alleged wrongful acts of the LIA; the matter is remitted to the Trial Division to permit amendment, determine the effect of the successorship clause, consider joinder of the LIA, and decide whether the amended…
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The court held that the testator intended to benefit the Glace Bay General Hospital as a continuing institution; the 1986 South Street hospital was the "new hospital" contemplated and "this hospital" did not cease to exist despite statutory reorganizations, so the gift did not vest in the Salvation Army; the Cape Breton District Health Authority is the statutory successor capable of receiving and implementing the bequest and therefore is the proper recipient of the residue, to be used solely as directed toward establishment of a kidney care unit in memory of Mr. and Mrs. John W. Peach; the cl…
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The court dismissed a judicial review of Labour Relations Board decisions finding the union breached its duty of fair representation by signing a settlement that released employees’ group termination rights.
The court dismissed a judicial review of Labour Relations Board decisions refusing to find successorship between Trivern and Lockwood Bros. and denying reconsideration.
Wrongful dismissal case finding no cause, six months’ notice, and no Wallace damages. The court held the Malone’s entities under one controller were common employers and Eats Café assumed continuity.
A partial stay was granted because the applicants demonstrated a serious issue and irreparable harm limited to the prohibition on employer communications: TELUS Mobility was permitted to communicate with Eastern employees about labour relations subject to paragraph 94(2)(c) of the Canada Labour Code; other alleged harms were either unproven or outweighed by uncertainties and thus did not justify a broader stay.
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