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The Ontario Court of Appeal dismissed an appeal over forum and arbitration clauses, holding the dispute over HPI share options belonged in Delaware and the forum clause was enforceable.
The 2009 marriage agreement is enforceable and not unconscionable in formation or substance; except for two specified reallocations to address fairness (transfer of the Hyundai Palisade and transfer of an investment), property is divided under the marriage agreement; respondent's Guidelines income is calculated using a non-capital eroding approach without a personal tax gross-up producing 2023: $632,373, 2024: $499,746, 2025 (averaged): $484,634; child support and spousal support are ordered prospectively and arrears determined to March 31, 2026; Y. to remain with claimant with no court-order…
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Court treated the proceeding as a de novo review of mortgage validity, concluded the respondent failed to establish inequality of bargaining power or an improvident bargain and failed statutory unconscionability under the BPCPA, found no breach of s.6 of the Interest Act, and dismissed the application while varying the order nisi to deduct a conceded $500 post‑default charge from the redemption amount.
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The Court of Appeal upheld a limitation of liability clause in a condo purchase agreement, holding it was enforceable and not unconscionable or contrary to the Tarion Addendum.
On the evidence the court found no fraudulent misrepresentation because the property's farm tax status remained unchanged and no falsehood was proven; no undue influence because negotiations occurred through counsel, Dorothy had legal representation, was not financially dependent on the defendants, obtained a sought outcome and did not repudiate the agreement in her lifetime; and no unconscionability because there was no demonstrated inequality of bargaining power and each party negotiated for valuable consideration. Accordingly the plaintiffs' challenge to set aside the Settlement Agreement…
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The Ontario Court of Appeal enforced a property partnership agreement, severed an uncertain proceeds clause, and rejected claims of undue influence, fiduciary breach, and unconscionability.
The Court dismissed the appeal, holding the summary trial judge did not err in proceeding summarily, his factual findings rejecting the defences were supported by the uncontested record and discovery, and there was no risk of double recovery because the guarantees imposed joint and several liability and the company had not paid the debt.
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The court set aside a separation agreement after finding improper advantage, inadequate disclosure, and unconscionability in a family property dispute.
The Court held that Mr. Zhu held shares in 1147979 B.C. Ltd. on bare trust for Vandev, rejected unconscionability, and awarded Vandev $1 million, interest, and costs.
The Court of Appeal allowed the appeal, holding the chambers judge applied res judicata and abuse of process to the wrong question when striking the family claim.
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