4 total
Partial summary judgment granted for breach of contract regarding encumbered bulldozer; fraud claims require trial.
The plaintiff purchased a bulldozer from the corporate defendant, unaware that it was encumbered by a lease agreement with a third party.
To avoid repossession, the plaintiff paid the outstanding debt and sued the corporate defendant and its sole director for breach of contract, unjust enrichment, and fraudulent misrepresentation.
On a motion for summary judgment, the court granted partial summary judgment against the corporate defendant for breach of contract and unjust enrichment, finding an implied condition under the Sale of Goods Act that the bulldozer was sold free of encumbrances.
The balance of the claims, including fraud and piercing the corporate veil, were directed to trial due to competing evidence requiring credibility findings.
Application challenging Tarion's requirement for warranty security dismissed as discretion was exercised reasonably.
The applicants sought to challenge Tarion Warranty Corporation's decision requiring security for potential 7-year warranty claims.
The applicants' registration had previously been revoked by a Consent Order.
The Divisional Court dismissed the application, finding that Tarion's concern about the risk of major claims was justified and its discretion was exercised reasonably.
Costs were awarded to the respondent in the agreed amount of $22,319.98.
Judicial review of Tarion conciliation decision dismissed; findings of warranty breaches and chargeability upheld as reasonable.
The applicant builder sought judicial review of a conciliation decision by Tarion Warranty Corporation, which found that 14 construction items in a condominium's common elements breached statutory warranties and that the conciliation was chargeable to the builder.
The Divisional Court applied the reasonableness standard of review and upheld Tarion's findings.
The court found that Tarion reasonably relied on its construction performance guidelines and the Building Code in assessing the defects, including water leakage in the garage roof slab and tenting of a waterproofing membrane.
The court also upheld Tarion's determination that the conciliation was chargeable, as the builder's settlement offers did not meet the requirements for an exception.
A health and safety manager's wrongful dismissal claim is dismissed after she dishonestly handled her own workplace injury claim.
The plaintiff, a Health, Safety and Training Manager, was terminated for cause by her employer after 13 years of service.
The termination stemmed from her handling of her own workplace safety and insurance claim, including delayed reporting, inconsistencies, and a conflict of interest.
The court found the employee's conduct, including dishonesty and suborning a lower-level employee, constituted just cause for dismissal.
The employee's claim for wrongful dismissal and punitive damages was dismissed.
The employer's counterclaim for an unpaid loan was also dismissed, as the loan was held by a separate numbered company, not the employer.
