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The court dismissed an application to set aside a summary-trial judgment, finding the defendants failed to show a meritorious defence and that justice required reopening the order.
The Court of Appeal for British Columbia dismissed CIMIC’s leave application and stay request, finding no extricable question of law in the arbitration award appeal.
The British Columbia Court of Appeal held that nemo dat does not make a valid contract unenforceable merely because the seller does not own the shares to be transferred.
On summary trial, the court upheld termination of a commercial lease for non-payment, awarded outstanding rent and expenses, and denied loss of future rent.
The court ordered the Residential Tenancy Branch to hear a landlord’s claim for unpaid rent, liquidated damages, and related tenancy issues under s. 58(4)(a) of the RTA.
The Court of Appeal held that a motorcycle was a consumer good under the PPSA, so seizure of it barred the secured party from suing for lease arrears.
The court held that the Agreement's holdover clause applied all terms during month-to-month occupancy; clause 10.2 (120 days notice and two-year restrictive covenant) remained operative during holdover; Primacy breached by giving less than 120 days' notice and by sub-licensing to another medical clinic within two years; the $5,000 liquidated damages provision was not a genuine pre-estimate and was void as a penalty for the range of breaches it purported to cover; Applicant's loss of chance was compensable and, after adjustments (COVID impact and avoided rent), damages were assessed at $33,223…
Source excerpt
The court found an oral agreement bound the parties to the unsigned Richmond home contract, awarded damages for unpaid work and lost profits, and granted limited abuse-of-process damages.
La Corte desestimó la apelación y confirmó el juicio sumario. Concluyó que la cláusula 6.3 no limitaba a The9 a daños liquidados ni impedía acelerar el reembolso.
The court granted summary-trial judgment for the plaintiff, holding a bitcoin-hosting supplement was a valid liquidated damages clause and ordering damages, interest, and costs.
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