An order of a bankruptcy court determining that a cause of action vested in the bankrupt rather than the trustee in bankruptcy cannot be challenged by the defendant to the claim. Mulkerrins v. Pricewaterhouse Coopers (A firm),  H.L.J. No. 41 (H.L.).
While the normal measure of damages for breach of fiduciary duty is disgorgement of profits, where a fiduciary, in breach of duty, establishes a competing business that ultimately is not profitable, damages may be assessed broadly and equitably. Hydro Kleen Systems Inc. v. Park, A.J. No. 1199 (Q.B.).
Whether a consent by a landlord to a sublease applies to a subsequent sublease to the same subtenant depends on the specific wording of the consent. 1497777 Ontario Inc. v. Leon’s Furniture Ltd., O.J. No. 3708 (C.A.).
Where an agreement between two companies that explicitly denies that they are joint venturers in respect of certain property is registered on title to the property, another party contracting with one of them cannot rely on the outward appearance of the property and of the companies’ relationship to support the existence of a joint venture, particularly where that other party was legally advised and not unsophisticated. CSFY Inc. v. Creit Management Ltd., O.J. No. 3473 (S.C.J.).
A landlord has no obligation to give notice of a tenant’s default before relying on that default to refuse renewal of the lease. 1383421 Ontario Inc. v. Ole Miss Place Inc.,  O.J. No. 3752 (C.A.).
A claim for an oppression remedy is an equitable claim for the purpose of determining the appropriate limitation period under the Alberta Limitation of Actions Act. Seidel v. Kerr,  A.J. No. 1163 (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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