Brown J.A.

The appellant appealed the dismissal of its claim for breach of restrictive covenants in its contracts with the respondent independent contractors.

The trial judge had found the covenants were not brought to the attention of the respondents, were unenforceable, and that damages were not proven.

Because the appellant did not appeal the finding concerning damages, the Court of Appeal found no basis to set aside the trial judge's order and dismissed the appeal.

The appellant appealed a trial decision that rejected his undocumented claim to a half-interest in a residential property.

The trial judge had found the appellant's evidence incredible and accepted the respondent's evidence that a $130,000 payment was a gift.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings and credibility assessments.

The court also upheld the trial judge's decisions regarding a breach of trust claim, an order for the appellant to pay $3,000 for property damage, and a no-costs award at trial.

The cross-appeal was abandoned and dismissed.

The appellants, representing regional airline pilots, sued Air Canada pilots for unlawful act conspiracy, alleging they unlawfully prevented the implementation of a merged seniority list.

The trial judge dismissed the claims, finding that some defendants committed no unlawful acts due to their right to dissent, and that the unlawful acts of others did not cause the loss of a chance to implement the list because Air Canada would never have agreed to it.

The Court of Appeal upheld the trial judge's findings, concluding that the rank-and-file members did not breach their union contracts and that the chance of implementing the merged list was de minimis.

The appellant appealed a decision striking her statement of claim against counsel for the Public Guardian and Trustee, who acted as her litigation guardian in prior litigation.

The Court of Appeal upheld the motion judge's finding that the action was a collateral attack on the prior proceedings and an abuse of process.

The court also dismissed the appellant's motion to introduce fresh evidence and dismissed the appeal with costs.