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La Corte desestimĂł la apelaciĂłn y confirmĂł el juicio sumario. ConcluyĂł que la cláusula 6.3 no limitaba a The9 a daños liquidados ni impedĂa acelerar el reembolso.
The court held the petition was not the proper procedure for resolving disputed issues about debenture fees, royalty buyout, and payout amount, and left the merits for trial.
Supreme Court of British Columbia judgment on a pub sale dispute, promissory note debt, trust claims, and fraudulent conveyance issues involving related companies.
Although s.42 is an equitable 'second chance' provision that may be applied beyond conventional term mortgages, it cannot be used to rewrite clear contractual terms of a demand loan; here the PLC and collateral mortgage were expressly payable on demand, the bank validly demanded payment, the mortgagor failed to pay and no unfairness or prejudice to the mortgagor was shown, therefore s.42 discontinuance relief was not available and the application was dismissed.
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