3 total
Motion to strike granted as moving defendants were not parties to the contract and claims lacked factual basis.
The defendants, NSR Toronto and Dapeng Wang, brought a motion to strike the plaintiffs' claims against them for breach of contract, unjust enrichment, oppression, and conspiracy.
The court found that neither moving defendant was a party to the underlying contract, precluding the breach of contract and derivative claims.
The court also held that the oppression remedy under the OBCA did not apply to a BC corporation, and the conspiracy claims lacked the requisite clarity and precision.
The motion was granted, and the claims against the moving defendants were struck without leave to amend.
Appeal allowed conditionally to permit appellant to pay off mortgage due to bank error.
The appellant appealed an order of the motion judge regarding a mortgage.
The Court of Appeal allowed the appeal conditionally, noting that critical information regarding a bank error was not before the motion judge.
The order was set aside on the condition that the appellant pays the second mortgage in full plus costs within 30 days.
Tribunal orders Commission to bring into force potato pricing settlement agreements between processors and Board.
The Hostess Frito Lay Company and Super Pufft Snacks Corp. appealed a decision of the Ontario Farm Products Marketing Commission refusing to bring into force settlement agreements negotiated between the processors and the Ontario Potato Board.
The Commission had previously declined to re-open arbitrated awards, citing concerns about the integrity of the arbitration process amidst ongoing court challenges.
However, the Tribunal found that the multi-year settlement agreements, which were supported by growers and other industry stakeholders, would provide a mutually agreeable and stable marketing environment.
The Tribunal granted the appeals and ordered the Commission to bring the settlement agreements into force.
