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Ontario Court of Appeal upheld enforcement of a Dubai-seated arbitral award, holding the agreement incorporated amended rules and Article V of the New York Convention was not breached.
On the balance of probabilities the $100,000 was a shareholder loan because the company records and annual financial statements consistently recorded the amounts as 'due to shareholders' or 'Loans from Shareholders', the articles and Companies Act did not support an unrecorded issuance of share capital, and subsequent share purchase agreements prepared for litigation were less persuasive than contemporaneous accounting evidence; accordingly the $100,000 plus the admitted $13,647.81 are repayable with simple interest at 5% from December 1, 2020.
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The Court upheld the trial judge: the Contracts, read objectively with surrounding circumstances, did not evidence an intention to create a trust or impose a fiduciary obligation over the deposits and therefore no trust existed; further, no proximate relationship was established between the lawyer and the appellants to give rise to a duty of care in negligence, so the negligence claim failed; consequently the appeal is dismissed.
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The 2019 Agreement contained clear wording naming En Yung Lin as a personal guarantor for unpaid amounts upon Javet discontinuing business; Javet discontinued its trucking operations when core assets and operations transferred to Innovade and insurance ceased; the January 2023 Repayment Agreement and Innovade's operational assumption of payments did not contain words of release nor evidence a novation or accord and satisfaction that would extinguish the existing guarantee; therefore the guarantee was triggered and remained enforceable and Mr. Lin is personally liable for the outstanding debt…
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The court held the Smithe Consulting Agreement replaced the JVA, its profit‑sharing waterfall applied to profits from the whole completed Smithe Project (not limited to the plaintiff's proposed Thalia design), the plaintiff did not repudiate the agreement, Boffo Smithe breached by withholding profit shares, and Boffo Investment was unjustly enriched by receipt of those profits; damages awarded under the contract waterfall and unjust enrichment principles.
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The Court of Appeal for Ontario dismissed the landlord’s appeal, upholding the lease interpretation of “audited statement” and the finding that promissory estoppel barred rent before January 1, 2021.
The court held that Access West wrongfully repudiated a sublease, rejected the defendants’ rent-free-possession interpretation, enforced the indemnity, and awarded damages, interest, and solicitor-client costs.
Summary judgment was granted to the plaintiff for deferred consulting fees and unreimbursed expenses. The court held the addendum deferred payment but did not make it indefinitely contingent on going public.
The Court of Appeal dismissed an application to vary the refusal of leave to appeal an arbitral award, holding the proposed issues were mixed fact and law.
The Court of Appeal held that the presale contracts terminated under clause 2 absent written extension, so Anderson Square validly terminated and did not breach.
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