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Ontario Court of Appeal upheld partial summary judgment enforcing a lease change-of-ownership clause, awarding overholding rent and a writ of possession after sale of the property.
The court granted a limited interlocutory injunction on a dental-practice dispute, restraining work at ADC and limiting use of the joint account pending trial.
The Court of Appeal held that the application judge's conclusion that 216 validly terminated the License Agreement was unreasonable as a finding of mixed fact and law is owed deference and that 216's termination was invalid; however, the appellate court set aside the application judge's finding of bad faith because there was no finding of dishonesty and 216's conduct, while erroneous, did not meet the legal standard for bad faith. The appeal was otherwise dismissed and costs awarded to the respondent.
Source excerpt
The Supreme Court held that wrongful dismissal damages can include an incentive bonus earned during the notice period unless the plan clearly excludes that common law right.
The Court of Appeal for British Columbia dismissed Fairchild’s appeal, finding no error in the trial judge’s conclusion that the parties lacked consensus on the indemnity start date.
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