Boucher

The parties entered into an agreement of purchase and sale for a mixed-use property, with the contract specifying that HST was 'included in' the purchase price.

After closing, the Canada Revenue Agency reassessed the transaction, significantly increasing the HST payable.

The buyers cross-claimed for breach of contract, seeking a price adjustment for the reassessed HST amount.

The court found that the vendor had assumed the risk of HST and had a duty to adjust the price.

However, the court awarded no damages because the buyers suffered no actual loss, having received input tax credits that fully offset the reassessed HST.

The applicant, charged with second-degree murder, applied for a Rowbotham order after being denied Legal Aid.

The Crown had previously offered to fund his defence, but the applicant refused due to objections to two proposed terms.

The applicant sought a conditional stay and an order imposing specific funding terms.

The court granted the conditional stay, finding the applicant met the Rowbotham criteria since no funding arrangement was currently in place.

However, the court held it lacked jurisdiction to impose specific funding terms absent a Charter breach.

The court also granted a limited sealing order over the settlement communications and the terms of the Crown's offer, finding they were protected by settlement privilege.