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The court held the LOI contained binding terms, the due diligence condition was satisfied, and Dilawri was estopped from relying on strict written-notice requirements.
The Court dismissed a confidentiality claim but found Hanch Enterprises unreasonably withheld consent to an assignment. Simply Ballet received nominal damages of $1,000.
The Court of Appeal set aside a full indemnity costs award and substituted party-and-party costs for a sealing and publication ban application under a unanimous shareholder agreement.
The court held the non-compete and confidentiality clauses enforceable, found breaches, awarded $50,000 in damages, denied an injunction and punitive damages, and granted special costs.
The court granted an interlocutory injunction only on the non-competition clause, and refused relief on the non-solicitation and confidentiality clauses.
A binding settlement was formed by the parties' emails and acceptance on February 7–8, 2017 consisting of return of the laptop in reasonable working order, payment of $1,889.32 (refund plus $600), and a release; a confidentiality clause could not be added where it had not been discussed; the Small Claims Court lacks jurisdiction to award punitive damages.
Source excerpt
The appeal was dismissed because the appellant failed to adduce admissible evidence creating a genuine issue for trial; Dalhousie produced discovery and affidavit evidence establishing breach of the confidentiality clause and showing no evidentiary basis for the abuse of process counterclaim, making summary judgment appropriate and justifying the injunction, nominal damages and costs ordered below.
Source excerpt
There is no genuine issue for trial: the defendant admitted publishing settlement terms in breach of an express confidentiality clause; her purported justifications (interpretation of "coincident" and "grant", public document status, and privilege) fail on the undisputed facts and legal principles (dictionary meanings, FOIPOP process, and forfeiture of privilege by publication); accordingly summary judgment is appropriate, the breach is declared, the counterclaim for abuse of process is dismissed, and equitable relief (permanent injunction) and nominal damages are awarded.
Source excerpt
The court held TEL breached Clause 18 of the joint venture agreement by charging a strand surcharge, awarded CTI damages, and refused the derivative-action amendment.
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