In resolving a dispute between parties to a share exchange transaction, a court will not inquire into the sufficiency of the consideration, at least in the absence of evidence that the transaction was a sham. American Wollastonite Mining Corp. v. Scott,  B.C.J. No. 2621 (C.A.).
A promissory note may be an unconditional promise to pay within the meaning of the Bills of Exchange Act where, among other things, the note contains no conditions and there is no provision in any other contractual document qualifying the note. Bank of Montreal v. Abrahams,  O.J. No. 4381 (C.A.).
A pleading that a party to a complex and sophisticated contract breached its duty of good faith should not be struck on the basis that the defence must fail where the law surrounding the implication of duties of good faith is far from clear. Transamerica Life Canada Inc. v. ING Canada Inc.,  O.J. No. 4650 (C.A.).
When determining whether a provision of an agreement is an exclusive forum selection clause, a court should interpret the clause objectively in its commercial context. BC Rail Partnership v. Standard Car Truck Co., B.C.J. No. 2557 (C.A.).
An equitable interest in property may be lost as a result of the application of the doctrine of laches where the claimant unreasonably delays seeking enforcement of the interest. Pitblado & Hoskin v. Swerid,  M.J. No. 397 (C.A.).
Rule 8.01 of the Manitoba Queen’s Bench Rule, which permits a partnership to sue or be sued in its own right, is not beyond the power of the Manitoba Rules Committee to make as the rule regulates only the capacity to bring an action as opposed to the authority to do so. Sagkeeng/Wing Development Partnership v. Sagkeeng First Nation,  M.J. No. 420 (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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