Canada Case Law

Total Meter Services Inc. v. GVM Integration

Court

Court of Appeal for Ontario

Adverse inference drawn by trial judge was upheld as supported by evidence (testimony that original GVM code was in Visual Basic and was converted to C# to conceal it); the TCS Opportunities amendment pleaded a distinct factual matrix discovered by May 8, 2013 and added in September 2020, and is therefore a new cause of action brought outside the two-year limitation period and statute-barred; remedy is to reduce the damages award by the portion attributable to the TCS claim, resulting in a reduction from $750,000 to $518,659.26 plus prejudgment interest and awarding costs of appeal to appella…

Source excerpt

• Adverse inference
• Non-production of documents
• New cause of action
• Limitations act 2002 s.4
• Statute-barred claim
• Disgorgement of profits

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Canadian National Railway Company v. Holmes

Court

Court of Appeal for Ontario

The appeals are dismissed because the May 7, 2021 dismissal of the stay motion was not timely appealed and no exceptional circumstances warranted extension, and because the trial judge's factual findings that the appellants participated in a fiduciary breach and conspiracy, resulting in $10,264,237 in ill-gotten profits, punitive damages and equitable remedies, were supported by the record and entitled to deference.

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• Fiduciary duty
• Conspiracy
• Disgorgement of profits
• Constructive trust
• Tracing
• Punitive damages

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Ponce v. Société d’investissements Rhéaume ltée

Court

Supreme Court of Canada

The Supreme Court held the presidents breached an implied duty to inform and good faith in a business relationship, and upheld damages equal to the lost gain.

• Obligation of loyalty
• Duty to inform
• Good faith in contract performance
• Disgorgement of profits
• Assessment of damages
• Implied contractual obligations

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Zhang v. Lin

Court

Supreme Court of British Columbia

The court ordered further document production about the sale of Surrey Development Land, finding the records relevant to tracing funds, disclosure, and possible remedy choices.

• Production of documents
• Disgorgement of profits
• Duty of disclosure
• Directing and controlling mind
• Shareholder loans and distributions
• Production-of-documents

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Bao v. Welltrend United Consulting Inc.

Court

Supreme Court of British Columbia

The court found Welltrend Beijing breached its contract by using Mr. Bao’s name and forged signature on Nova Scotia nominee applications and awarded $400,000.

• Breach of contract
• Disgorgement of profits
• Misappropriation of personality
• Unjust enrichment
• Forgery
• Punitive damages

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Malak v. Hanna

Court

Supreme Court of British Columbia

The court found a common design to defame the plaintiffs, held VTS vicariously liable for Jackman and Paine, awarded damages, and refused disgorgement and an injunction.

• Common design (concerted action)
• Vicarious liability
• Internet defamation
• Aggravated damages
• Punitive damages
• Disgorgement of profits

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England Securities Ltd. v. Ulmer

Court

British Columbia Court of Appeal

British Columbia Court of Appeal dismissed TEG’s appeal, holding the employee did not owe an ad hoc fiduciary duty and upholding double costs after rejection of a settlement offer.

• Breach of fiduciary duty
• Ad hoc fiduciary relationship
• Settlement offers
• Double costs
• Disgorgement of profits
• Fiduciary-duty

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Interhealth Canada Limited v. O’Keefe

Court

Court of Appeal for Ontario

The appeal is dismissed because the trial judge reasonably concluded that the HIH and Cromwell opportunities were distinct and not fairly the appellant's to pursue, that there was no evidence resignation was prompted to obtain those opportunities, that no causal link supported disgorgement, and that the trial management and recall rulings were within permissible discretion.

Source excerpt

• Corporate opportunity doctrine
• Post‑resignation fiduciary duty
• Recall of witness under rule 53.01(3)
• Trial management and time allocation
• Hearsay evidence
• Disgorgement of profits

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Natural Trade Ltd. v. MYL Trading Ltd.

Court

Supreme Court of British Columbia

Damage assessment after default judgments for misuse of confidential information. The court awarded disgorgement, special damages, punitive damages, interest and costs.

• Breach of confidence
• Conspiracy
• Breach of fiduciary duty
• Misappropriation of confidential information
• Disgorgement of profits
• Punitive damages

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GEA Refrigeration Canada Inc. v. Chang

Court

British Columbia Court of Appeal

The Court of Appeal held the respondent was entitled to Scale 2 costs, but not increased costs or Scale 3, in supplementary reasons concerning appeal costs.

• Breach of confidence
• Misuse of confidential information
• Springboard doctrine
• Disgorgement of profits
• Punitive damages
• Sealing orders

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