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The Court of Appeal allowed Qualcomm’s appeal in part, striking conspiracy claims under former and current s. 45 and s. 46, but upheld certification for other claims.
Trial judgment in a commercial lease dispute over default notice, lease termination, tort claims, and defamation arising from a Victoria restaurant tenancy.
The court held the defendant was entitled to costs after summary judgment, finding no basis to depart from the usual rule and no application of s. 37 of the CPA.
British Columbia Supreme Court held Romspen could stop funding a construction project when the syndication condition was unmet, and the borrowers failed on good faith and tort claims.
The court granted summary judgment, finding no genuine issue for trial on alleged predominant purpose conspiracy or unlawful means arising from a Tim Hortons no-hire clause.
The British Columbia Court of Appeal allowed the appeal and set aside leave to file a third party notice, finding the pleaded tort claim was deficient.
The court certified a proposed class action against Qualcomm over alleged anticompetitive chip and SEP licensing practices and dismissed Qualcomm’s summary judgment motion.
The court held that s. 45 of the Competition Act does not apply to a no-hire clause framed as a buy-side agreement, striking the Competition Act claim and related pleadings in part.
The court struck Tai Lu’s notice of civil claim as vexatious, abusive, and showing no reasonable cause of action, and refused leave to amend.
Summary judgment was granted because Thompson cannot prove that DEVCO/ECBC committed any unlawful act against its customers nor that DEVCO intended to cause Thompson economic loss; therefore there is no genuine issue of material fact and no real chance of success on the unlawful means tort claim.
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