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The court granted leave to amend a civil claim in a family business dispute, allowing particulars and new claims for contract, trust, fiduciary duty, and oppression.
The court allowed an amendment to the certification order to add a Privacy Acts sub-class, a new common issue, and Andrew Taylor as representative plaintiff.
The court found that $400,000 was taken from the plaintiff’s mutual fund and used to complete the Abbotsford property purchase. Conversion was proved; limitation, conspiracy, and punitive damages failed.
The court allowed specific pleaded amendments that had effectively been consented to or were not prejudicial, but refused to add OSP as a plaintiff and refused derivative leave because the applicant failed to satisfy the s.4(2) statutory prerequisites (no reasonable notice to directors, lack of good faith, and substantial limitation period barriers making the derivative claim unlikely to succeed); disclosure claims were dismissed because respondents' production was adequate and non‑party requests were irrelevant or overbroad; costs awarded to defendants.
Source excerpt
The court granted Manulife leave to file a third party notice and amended pleadings, leaving limitation defences for trial on a fuller record.
The court allowed joinder of two homeowners and a proposed engineering defendant in a construction-defect action, finding the claims sufficiently connected and joinder just and convenient.
The Federal Court held that the Chacachas and Kakisiwew Bands were unlawfully amalgamated without consent, and that Treaty 4 was not implemented in accordance with the honour of the Crown.
The Federal Court held the Samson and Ermineskin Program-related claims were statute-barred. Alberta’s six-year limitation period applied and discovery occurred in the 1970s.
The court certified a class action over alleged nondisclosure and misrepresentation of title insurance charges and legal fees in mortgage transactions.
The court allowed the plaintiff to add the Corporation of Delta as a defendant after limitation expiry, holding the balance of prejudice favored joinder.
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