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Federal Court damages judgment under the Canada Transportation Act. The Court awarded lost profits and partial demurrage, but rejected reputational harm.
The Court of Appeal dismissed Bear Mountain’s review application, holding the arbitral damages award did not raise clearly discernible extricable questions of law.
The court found the plaintiff was not a reliable historian, rejected most plaintiff experts on causation, accepted only ongoing pain symptoms, and awarded $182,930.80.
The termination clause was ambiguous under the required high standard and did not expressly limit common law reasonable notice; applying the Bardal factors the appropriate notice period is eight months; commissions and benefits are payable during the notice period because the only written SIP applied to the 2016 fiscal year and did not unambiguously deprive the employee of common law entitlements; mitigation was not proven to reduce the award; damages were quantified at $53,333.33 before deductions, with prejudgment interest and costs to follow.
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The court found Garrow and ADC breached their contract with Sallay and committed civil fraud through false invoicing and statutory declarations, awarding $1,134,157.
The court held the defendant fully liable for a motor vehicle collision and awarded damages for soft tissue injuries, chronic pain and income loss, but not for later psoriatic arthritis.
The court granted an adjournment of a civil trial after late disclosure of financial records and a reply expert report raised fairness concerns about quantum and expert analysis.
The court found Earth Management and Jiangxi liable for injuries caused by a defective bear banger and awarded the plaintiff $795,176.86, plus punitive damages against Earth Management.
The Court of Appeal held that the term 'Client' in the Mellon Trust Agreement refers to a single legal entity (BNY/Mellon Financial) and the contract did not authorize redistribution of SS&C's data to CIBC Mellon or to affiliates acquired after contracting; the trial judge permissibly changed his unentered judgment to correct an outcome-determinative oversight; SS&C's claims were not limitations-barred because discovery occurred in 2016; the damages award was largely upheld as reasonably grounded in the evidence and trial judge's methodology, but the separate damages award for CIBC Mellon con…
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Defendant Eric Sullivan is 100% liable for the January 14, 2020 rear-end collision. Damages are assessed by measuring additional losses caused by the Subject Accident compared to the baseline established in Tench #1 rather than treating the accidents as indivisible. No past wage loss awarded; future earning capacity loss awarded as a 25% weighted contingency of expert economic projection ($187,806.50); non-pecuniary damages $40,000; future care $49,986; special damages $4,279.14; total damages $282,071.64 subject to s.83 Insurance (Vehicle) Act adjustment and Court Order Interest Act interest…
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