2 total
The court granted an interim injunction preventing a former manager from competing in the flower transport business pending an interlocutory hearing.
The plaintiff sought an interim injunction against the defendants for alleged breaches of an oral retainer/employment agreement, fiduciary duties, and confidentiality.
The court found serious issues to be tried regarding whether Mr. Macklin and his company breached their agreement, owed fiduciary duties as a "de facto general manager" and took confidential property.
The balance of convenience plainly favoured the plaintiff, as the potential harm to its business was deemed irreparable and difficult to quantify, while the defendants' inconvenience was less significant.
An interim injunction was granted, prohibiting the defendants from accepting business from specific entities related to the plaintiff's flower transport business until a further interlocutory motion hearing.
Appeal dismissed; credit card issuer liable for unauthorized non-fuel purchases due to failure to enforce restrictions.
The appellant credit card issuer appealed a trial decision dismissing its claim against the respondent employer for unauthorized cigarette purchases made by an employee using a company credit card.
The trial judge found the cards were issued for fuel purchases only.
On appeal, the Divisional Court held that while the trial judge erred in requiring specific acknowledgment of the cardholder agreement's liability clauses, the appellant breached its contractual obligation to use reasonable commercial efforts to enforce the fuel-only restriction.
The court also rejected the appellant's arguments regarding contributory negligence and vicarious liability, finding the employer did not enhance the risk of the employee's wrongful act.
The appeal was dismissed.
