2 total
Summary judgment was dismissed as the implicit exclusivity of a statutory bridge franchise requires trial.
The defendant brought a motion for summary judgment to dismiss the plaintiff's claim that it held a perpetual and exclusive right to own, operate, and collect tolls from a viable international border crossing in the vicinity of the Ambassador Bridge.
The plaintiff sought declarations of rights granted under the Canadian Transit Company Act and, alternatively, compensation for infringement and expropriation.
The court dismissed the motion, finding that the interpretation of the statutory franchise rights granted under the CTC Act, including whether implicit rights of exclusivity were conferred, raised a genuine issue requiring trial.
Appeal dismissed; departing independent contractor dentist did not breach duties by contacting his own patients.
The appellants, owners of a dental clinic, appealed the dismissal of their action against a former independent contractor dentist who left to start his own practice.
The appellants alleged conversion, improper solicitation of patients and employees, appropriation of confidential information, and breach of fiduciary duty.
The Court of Appeal dismissed the appeal, upholding the trial judge's findings that the dentists carried on independent practices, the departing dentist only contacted his own patients to fulfill professional obligations, and the patient information accessed was not confidential.
The court also rejected claims regarding breach of fiduciary duty and the contractual duty of good faith.
