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Wine distributor ordered to pay damages based on 15 months' notice for terminating unwritten agency agreement.
The plaintiff, an Ontario wine agent, brought an action against the defendant, a New York-based wine distributor, for damages in lieu of reasonable notice following the unilateral termination of their 15-year unwritten agency relationship.
The defendant terminated the relationship without notice to consolidate its Canadian distribution with a single new agent.
The court found that the distributorship agreement was terminable only upon reasonable notice, rejecting the defendant's argument that no notice was required.
The court determined that a 15-month notice period was appropriate, considering the plaintiff's significant efforts in building the brand in Ontario, and awarded damages based on lost commissions and unpaid invoices.
Husband ordered to pay $90,000 in costs and disbursements for delayed and incomplete financial disclosure.
At a family law case conference, the applicant wife sought orders for financial disclosure and costs.
The respondent husband had delayed providing complete financial disclosure for over two years and provided an Estimate Valuation Report instead of a Comprehensive Valuation Report.
The court ordered the husband to pay $60,000 for the wife's expert disbursements, $20,000 for expenses incurred due to delayed disclosure, and $10,000 for the costs of the unproductive case conference.
Improper contempt motion leads to costs award against the moving party.
Costs decision following a contempt motion arising from a family law settlement concerning equalization, spousal support, and transfer of the matrimonial home.
The moving party had brought a contempt motion alleging failure to transfer title, but the matter ultimately resolved through further minutes of settlement completing the transaction.
The court held the contempt procedure was inappropriate because enforcement of the settlement should have been pursued instead.
Although the moving party obtained a small payment for cleanup costs, the responding party succeeded in having the settlement enforced and the contempt motion dismissed on consent.
The court ordered the moving party to pay partial costs, applying Rule 24 of the Family Law Rules and proportionality considerations.
