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The Federal Court dismissed DHL’s summary judgment motion, holding Rona validly terminated the BSA under the DTA and DHL had not proven deadfreight owing for the contested period.
The court held that Erna Maurer’s Letter of Wishes was not precatory, but it was not incorporated by reference or cured under WESA. Article 4 created a charitable trust.
The court held a 22% default interest clause unenforceable under s. 8 of the Interest Act, but treated the demand as valid notice and set redemption at 30 days.
The court stayed the action, finding an arguable case that the sales orders incorporated Quad-Lock’s arbitration clause and rejecting estoppel and limitation arguments.
The Court held the NSHA’s May 1, 2023 sanctions were an exercise of state authority of sufficiently public character because the NSHA is a statutory provincial health authority and the Medical Staff Bylaws and Corporate Bylaws (regulations) adopted and incorporated the Respectful Workplace Policy under the Health Authorities Act; accordingly the decisions were made 'under legislation' within the meaning of Civil Procedure Rule 7 and were amenable to common law judicial review for procedural fairness. The appeal was dismissed and leave to appeal was granted as interlocutory leave.
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The Federal Court dismissed LSPI’s pre-trial motion to decide an incorporation-by-reference question under Rule 220(1)(a), finding disputed facts and no trial-saving benefit.
The Supreme Court of Canada upheld the Act respecting First Nations, Inuit and Métis children, youth and families as intra vires Parliament under s. 91(24).
La Cour fédérale rejette le moyen déclinatoire du PGC et conclut que le tribunal arbitral a compétence pour entendre le litige sur le remboursement des PERI comme loyer supplémentaire.
The motion judge erred by relying on subjective evidence of the respondents’ intentions; an objective interpretation of the 2022 Minutes, read with the incorporated 2017 Mediation List and surrounding circumstances, establishes a binding agreement. The reference to tractor '1496' is a typographical error and must be read as model '1466', and the snowmobiles listed in the incorporated 2017 list (excluding 'El Tigre') are included; accordingly the Minutes are enforceable and the appellant is entitled to judgment and delivery of the specified snowmobiles.
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Majority: The Trust Agreements and LPAs objectively incorporated the Loan Commitment by reference via the Use of Funds and Loan Documents clauses; guarantees by 1249 and Jim Neilas in the Loan Commitment were clear terms that beneficiaries could enforce where the trustee HRC failed to disclose and failed to enforce them; summary judgment on guarantees was appropriate. However, the motion judge erred in applying an 18% rate to compute losses and pre/post-judgment interest; the parties must recalculate losses and interest using the rates specified in each investor’s LPA.
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