Potential exposure to default under a credit card processing agreement is an inchoate contingent liability and not the "further advance of money or credit" in respect of which no stay may be issued under s. 11(3) of the Companies’ Creditors Arrangement Act. Air Canada (Re),  O.J. No. 2976 (C.A.).
Even where all conditions for certification of a class proceeding are met, the court retains discretion to refuse certification if there are sufficient countervailing considerations. Morison v. Manitoba Crop Insurance Corp.,  M.J. No. 296 (Q.B.).
Rescission may not be available as a remedy for misrepresentation inducing the entry into a contract where there is insufficient evidence to permit the court to determine the parties’ original positions. Vavra v. Victoria Ford Alliance Ltd.,  B.C.J. No. 1957 (S.C.).
A transcript of tape-recorded telephone negotiations involving the sale of land does not satisfy the "writing" requirement of the Statute of Frauds. The Neighbourhoods of Cornell Inc. v. 1440106 Ontario Inc.,  O.J. No. 2919 (S.C.J.).
Irreparable harm may be established for the purpose of a motion for an interlocutory injunction to restrain wrongful solicitation by a former employee by evidence of loss of customers, goodwill and the possible impecuniosity of the defendant. Dominion Refuse Collectors v. Thomson,  N.B.J. No. 289 (Q.B.).
An insured whose store was robbed is entitled to coverage under an insurance policy requiring it to maintain surveillance cameras connected to a videocassette recorder which is switched on and in operation where, although the machine did not operate after an employee placed a tape in it, the insured had a reasonable system in place for ensuring that tapes were operational. Ancaster Jewellers Ltd. v.Pafco Insurance Co.,  O.J. No. 3167 (C.A.).
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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