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The court found the Modulux was not a gift but a loan, and awarded judgment to the plaintiff for $167,120.04 plus interest and prejudgment interest.
The Tribunal found on the balance of probabilities that the complainant was subjected to persistent, unwelcome harassment related to race, national or ethnic origin and religion and that TST condoned it and lacked an effective policy so employer liability under s.65(1) stands; regarding termination, the complainant had a disability (severe leg/feet swelling) that functionally prevented timely return and provided medical evidence and images which the employer ignored and failed to accommodate or inquire further, so disability was a factor in the termination and respondent failed to establish a…
Source excerpt
The court held Jennifer did not prove gifts of the 608 Property or BMO account. Both assets were held on resulting trust and validly placed in Hilda Mong’s alter ego trust.
The court held the plaintiffs proved an Aboriginal right to fish in the Nechako watershed, but dismissed tort claims against Rio Tinto on statutory authority grounds.
The court held the agreement for sale was commercial, not consumer, rejected unconscionability and breach claims, denied relief from forfeiture, and awarded limited restitution and occupational rent.
La Cour suprême de la Colombie-Britannique a refusé de trancher sommairement un litige familial sur un bien immobilier, mais a permis l’annulation du CPL sous condition d’une garantie de 500 000 $.
The court partly granted and partly refused a motion for further particulars, distinguishing material facts from evidence and legal argument in pleadings.
The court dismissed petitions challenging the validity of a registrar’s trust-accounting decision, holding the claims were a collateral attack and barred by finality principles.
The Court of Appeal set aside summary-trial and related interlocutory orders in a family trust dispute, holding the issues required fuller evidence, discovery, and cross-examination.
Apelācija par fiduciāra pienākuma pārkāpumu, izsekošanas tiesībām un īpašuma remedies saglabāšanu, izmantojot naudas līdzekļus, kas novirzīti no ģimenes uzņēmuma.
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