David Chernos

The respondents, having been largely successful on the main appeals concerning the interpretation of seizure and detention remedies under the Airport Transfer (Miscellaneous Matters) Act and the Civil Air Navigation Services Commercialization Act, sought costs totaling over $631,000.

The court declined to award costs to any party.

The court reasoned that the proceedings raised novel issues of statutory interpretation that engaged the public interest, the respondents were not completely successful as their cross-appeals were dismissed, and the appellant airport authorities acted reasonably in bringing the appeals given the lack of established jurisprudential authority.

The appellant appealed a judgment finding that the fair market value of collateral was less than the debt owed to the respondent.

The Court of Appeal dismissed the appeal, finding no basis to interfere with the motion judge's finding, as the receiver's efforts to sell the asset supported the respondent's position and the appellant offered no contrary evidence.

The appellants appealed a decision finding oppressive conduct and breach of fiduciary duty.

The motion judge found that the corporation was represented to the respondent investor as the owner of a specific technology, but the individual appellant deliberately withheld title to the patents for his own purposes.

The Divisional Court upheld the findings, noting that the investor was entitled to rely on the representations made and that the doctrine of reasonable expectations applied.

The court also upheld the remedy, which included declaring the corporation the owner of the process and directing an accounting for profits derived from a related contract.

The appeal was dismissed.