Adam F. Fanaki

The appellant appealed an order allowing the respondents to proceed to trial on all claims after a default judgment was set aside.

At the initial trial, the judge dismissed the respondents' claims for interference with contractual and economic relations but granted an injunction and damages for false and misleading advertising.

The Court of Appeal held that issue estoppel precluded the respondents from relitigating the dismissed interference claims, even though the default judgment against the appellant was set aside.

However, the Court allowed the false and misleading advertising claims to proceed to trial for both an injunction and damages.

The appeal was allowed in part.

The Crown appealed from the dismissal of its appeal from an acquittal on a provincial offences charge under s. 84.1 of the Highway Traffic Act.

The respondent's truck lost the dual wheels, hub and axle on one side as a single unit, but the wheels themselves did not separate from their fasteners.

Applying the modern approach to statutory interpretation, the court held that s. 84.1 addresses the specific public safety concern of "flying wheels" and applies only when the wheel itself separates from the vehicle.

Because the wheel fastening mechanism did not fail and only a larger assembly detached, the acquittal was properly upheld.