An Ontario proceeding should not be stayed in favour of litigation in another jurisdiction on the basis of a forum selection clause in an agreement where the moving party has already taken several steps in the Ontario action, which is on the eve of trial. Mobile Mini Inc. v. Centreline Equipment Rentals Ltd.,  O.J. No. 3659 (C.A.).
A court may permit test cases involving the trial of an issue of whether certain corporate conduct has been oppressive or unfairly prejudicial to the plaintiffs where the claim is not spurious, the procedure would not be unfair to the defendants and proceeding in this way would promote the efficient resolution of the matter. Sodhi v. Genesis Land Development Corp.,  A.J. No. 986 (Q.B.).
The failure to pay royalties under a licencing agreement is not a fundamental breach of the agreement where the licensor has not been deprived of substantially the whole benefit it was to obtain under the agreement and the licensee has never denied that royalties were owed or to be paid. White v. E.B.F. Manufacturing Ltd.,  N.S.J. No. 337 (S.C.).
The production of a membership list to a member of a non-share capital corporation does not constitute a commercial activity to which the federal Personal Information Protection and Electronic Documents Act applies. Rodgers v. Calvert,  O.J. No. 3653 (S.C.J.).
A person induced by fraudulent statements to purchase property may be entitled to damages for lost profits in addition to damages in an amount equal to the difference between the purchase price of the property and its actual value. Wiebe v. Gunderson,  B.C.J. No. 1844 (C.A.).
A purchaser of a vehicle who seeks the protection of the Saskatchewan Consumer Protection Act must establish on a balance of probabilities that he or she satisfies one of the categories of persons entitled to the benefit of the legislation. Colhoun v. Ford Motor Co. of Canada Ltd.,  S.J. No. 543 (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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