A vehicle exceeding $5,000 in value, and not just the value of the vehicle in excess of $5,000, is subject to execution and seizure under the Ontario Execution Act. Fields (Re),  O.J. No. 1924 (C.A.).
Directors of a debtor corporation that has made a proposal to creditors may vote on the proposal despite being active directors as long as they have a ripe claim. Galaxy Sports Inc. (Re),  B.C.J. No. 1008 (C.A.).
Documents not subject to a class privilege may be protected by case-by-case privilege through application of the Wigmore criteria which may protect confidential documents from disclosure where, among other things, the injury caused by disclosure would be greater than the benefit gained by disposal of the litigation. Husky Oil Operations Ltd. v. Anadarko Canada Corp.,  A.J. No. 517 (C.A.).
An agreement negotiated between sophisticated businesspersons ought to be enforced in accordance with the terms they select in all but the most exceptional circumstances. MacMillan v. Kaiser Equipment Ltd.,  B.C.J. No. 969 (C.A.).
A lessee is not entitled to a reduction in a landlord’s claim for damages for breach of restoration and repair covenants in a lease if the lessee fails to meet the evidential burden to establish an appropriate basis for the reduction. Stellarbridge Management Inc. v. Magna International (Canada) Inc.,  O.J. No. 2102 (C.A.).
A commercial arrangement between a borrower and a mortgage broker is unlikely to be characterized as fiduciary in the absence of some additional authority or power being given to the broker. Lindner v. Allin, B.C.J. No. 871 (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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