2 total
The Court of Appeal upheld a trial judgment awarding damages for defective touchscreens under the Sale of Goods Act.
The appellant, a manufacturer and supplier of touchscreens, appealed a trial judgment finding it liable for breach of implied conditions under the Sale of Goods Act.
The trial judge found that touchscreens supplied to the respondent, a manufacturer of mobile display terminals, were defective due to poor lamination caused by the appellant's subcontractor.
The trial judge awarded damages of $355,193.49 to the respondent for replacement costs, labour, and shipping, offset against outstanding invoices.
The appeal court upheld the trial judgment on both liability and damages, finding no palpable and overriding error and rejecting all four grounds of appeal.
Appeal dismissed; conditional representation order under Rule 12.08 upheld for police officers' pension misrepresentation claims.
The appellants appealed an order granting the Ottawa Police Association a conditional representation order under Rule 12.08 of the Rules of Civil Procedure.
The underlying action involved 74 police officers who transferred from the OPP to the Ottawa Police Services Board and alleged negligent misrepresentation regarding their pension transfers.
The Divisional Court dismissed the appeal, finding that Rule 12.08 does not require an action to benefit all members of an association, nor is it limited to collective actions.
The court upheld the motion judge's findings on common issues and preferable procedure, confirming that a conditional order to substitute an appropriate representative plaintiff was permissible.
