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The Court of Appeal refused an extension of time to file an appeal record, dismissed related relief, and ordered only limited sealing of sensitive identity documents.
In a commercial lease dispute, the court held the landlord had to repair a blocked drain, but the defect was not a fundamental breach or frustration. Judgment went to the landlord, net of deposit.
The court found binding Bitcoin loan contracts requiring Tambosso to return 22 BTC. His defences failed, and Nguyen recovered damages based on breach-date value.
Canada. The court upheld a commercial lease despite ventilation concerns, rejected misrepresentation, mistake, and frustration defences, and awarded damages against the tenant and its directors.
The force majeure clause excused the Landlord's obligation to provide the premises during government-mandated COVID-19 closures and, by its express language, required the lease term to be extended for an equivalent period (the Extension Period); the clause did not excuse the Tenant from paying rent during the closure periods because financial inability and failures curable by payment are expressly excluded, but the Tenant is not required to pay rent during the Extension Period.
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The court accepted an arbitrator’s factual findings, held that the defendants breached a shareholders agreement, and awarded damages, punitive damages, special costs, and interest.
On summary judgment, the court held that the buyer repudiated a real estate contract, forfeiting the $150,000 deposit. Force majeure and frustration defences failed.
The court partly allowed a strike application, striking occupation-rent set-offs but allowing investment-related set-offs and refusing to strike pleading allegations on duress, frustration, and implied term.
The court refused to set aside a mediation/arbitration agreement, finding no improper advantage, misunderstanding, frustration, or bias, and stayed the family action.
The court held the $250,000 deposit was forfeited to the vendor after the purchaser failed to complete a hotel property sale and did not validly rely on the franchise issue.
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