An injunction prohibiting breach of a non-competition covenant contained in agreement for purchase and sale of a business may be granted against third parties who have notice of the covenant and who are carrying on a competing business on property sold to them by the covenantor. Kent Building Supplies, a division of J.D. Irving Ltd. v. Magasin du Ridge Ltée,  N.B.J. 142 (Q.B.).
Under the British Columbia Insurance Act, a claim for wrongful termination of disability benefits payable under a group life insurance policy must be commenced within one year from the date of termination of the benefits. Gumpp v. Co-operators Life Insurance Co.,  B.C.J. No. 742 (C.A.).
A person who enters into a contract with another who is bound by an existing contract is not liable for inducing breach of the first contract where he or she was justified in relying upon the other party’s assurances that there was no other contract. Super-Save Enterprises Ltd. v. 249513 B.C. Ltd. (c.o.b. Mike’s Auto Towing),  B.C.J. No. 715 (C.A.).
An order of a provincial regulatory agency authorizing the collection of a late payment penalty that constitutes the receipt of a payment at a criminal rate of interest is not a juristic reason to defeat a claim for unjust enrichment seeking the return of late payment penalties paid under that order. Garland v. Consumers’ Gas Co.,  S.C.J. No. 21 (S.C.C.).
This article was edited by Perry Hancock, a research lawyer with Lenczner Slaght Royce Smith Griffin LLP.
Copyright Lenczner Slaght Royce Smith Griffin LLP and Lexisnexis Canada Inc., 2004. Reproduced with the permission of the copyrightholders. Further distribution is not permitted.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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