A court may permit a trustee in bankruptcy to seek an oppression remedy in respect of a bankrupt corporation. Olympia & York Developments Limited (Trustee of) v. Olympia York Realty Corp.,  O.J. No. 5242 (C.A.).
Although a call for tenders may state that the party seeking bids has the power to accept materially non-compliant bids, an objectively non-compliant bid is incapable of acceptance. Graham Industrial Services Ltd. v. Greater Vancouver Water District,  B.C.J. No. 5 (C.A.).
Where its sense of justice is not satisfied, a court may refuse to enforce a settlement agreement entered by a self-represented litigant without the benefit of independent legal advice where the litigant’s allegation of undue influence or economic duress had some substance as there was a realistic possibility she might lose her house in the litigation. Royal Bank of Canada v. Central Canadian Industrial Inc.,  O.J. No. 5251 (C.A.).
A conflict of interest which would entitle an insured to appoint and instruct counsel at the expense of the insurer does not arise where counsel appointed by the insurer raises a defence which would benefit the insured by reducing its specific liability and the potential effect of such a judgment in future actions is speculative. Roman Catholic Episcopal Corp. of St. George’s v. Insurance Corp. of Newfoundland,  N.J. No. 324 (C.A.).
The measure of damages in an action by a purchaser for breach of warranty where the defect cannot be remedied is the full purchase price, less any residual value that can be proven by the vendor. Prebushewski v. Dodge City Auto (1984) Ltd.,  S.J. No. 856 (C.A.).
Where a buyer in a sale by description inspects a product before acceptance, the buyer is not entitled to rely upon any implied conditions of merchantability or fitness for use under the Nova Scotia Sale of Goods Act. Borgo Upholstery Ltd. v. Canada (Attorney General),  N.S.J. No. 7 (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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