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The Ontario Court of Appeal dismissed an appeal over forum and arbitration clauses, holding the dispute over HPI share options belonged in Delaware and the forum clause was enforceable.
Clause 5.13 of the Statutory Building Scheme does not clearly and unequivocally entitle the administrator to solicitor-client or full indemnity costs in the circumstances of this case because the clause, properly interpreted, contemplates costs tied to physical work to cure a breach and payment is triggered by delivery of an invoice; accordingly full indemnity costs are refused and the petitioner is awarded party-and-party costs on Scale B.
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The second clause of s.5 of the Notes is unambiguous: "Subsequent Financing" means any financing completed after the Concurrent Financing that yields gross proceeds of $5,000,000 or greater to PI or PG; the May 2023 Financing met that plain meaning and therefore triggered PI's obligation to repay in full within five business days; PI did not repay and was in default; summary trial was appropriate to decide the issue.
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The Court of Appeal for Ontario dismissed an appeal over economic tort, fiduciary duty, non-competition and bonus disputes, and upheld costs awards to the respondents.
The purchase and sale agreement unambiguously required conveyance of 10 acres from PID 20441911; the phrase ‘as designated by the Vendor’ is limited to designating which 10 acres within PID 911 and does not permit substitution of a different property; no genuine issue of material fact defeats the contract claim and North 45’s substitution defence has no real chance of success; plaintiff validly terminated for vendor default and is entitled to repayment of $570,000 with prejudgment interest from February 15, 2022.
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The Court held the Energy Board correctly interpreted the 2024 Term Sheet as effecting a refund that extinguished the pre-December 1, 2024 FAM balance and replaced it with a new federally guaranteed amortizing debt payable over 2024–2052 to the same above-the-line customer class; the Board did not err in law in its ratemaking analysis because the restructuring better matched costs and benefits, did not effect retroactive ratemaking, and PH Paper remains protected by its below-the-line tariff unless it elects service under a tariff that includes Maritime Link costs
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La Cour d’appel de l’Ontario rejette l’appel de M. Bitchoka et confirme un jugement sommaire accordant la possession à Equitable Bank et 659 029,88 $.
The application is allowed: the Work Authorization unambiguously permitted Canstar to take direction from the insurer's adjuster and to perform and invoice for emergency restoration work; MBW received insurer payments intended for Canstar and breached the Work Authorization by failing to pay Canstar within the contractual time, entitling Canstar to judgment for the invoiced amounts plus contractual interest and costs; the contractual issues were suitable for summary trial as they were discrete and not inextricably interwoven with MBW's counterclaim.
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Ontario Court of Appeal held the lease barred prospective rent after termination, dismissed claims for pool removal and other expenses, and upheld costs against Highbury.
The Court of Appeal dismissed a law firm’s claim to a contingency fee from damages recovered on appeal, holding the retainer did not cover appellate recoveries and quantum meruit was unavailable.
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