2 total
The court resolved a dispute between brothers over the calculation of profits under a share purchase agreement, awarding the plaintiff $552,820.
The parties, brothers and joint owners of a real estate development company, terminated their business relationship via a share purchase agreement.
The plaintiff was to receive 50% of the after-tax profits of a specific subdivision (Forest Creek) as part of the purchase price for his shares.
A dispute arose over the calculation of these profits and other related payments.
The court found that the defendant was not under a fiduciary obligation to the plaintiff and that the contract was not unfair.
The court interpreted the contract to mean the plaintiff was only entitled to profits from the Forest Creek subdivision and not other projects.
The court made specific findings on the calculation of profits, shareholder loan adjustments, and other payments, ultimately finding the defendant owed the plaintiff a significant sum.
Insurer ordered to pay income replacement benefits and a 35% special award for unreasonable delay.
The applicant, a self-employed pedorthist, was injured in a motor vehicle accident and claimed statutory accident benefits.
The insurer disputed her entitlement to income replacement benefits, arguing she was not substantially disabled and disputing the calculation of her post-accident business expenses.
The arbitrator found the applicant suffered a mild traumatic brain injury and was substantially disabled until October 1995.
The arbitrator allowed most of the applicant's post-accident business expenses, finding they were reasonably incurred to prevent a loss of revenue in her expanded business, but denied her claim for loss of profits.
The arbitrator also awarded various medical and rehabilitation benefits, including psychological counselling and a treadmill.
A special award of 35% was imposed against the insurer for unreasonably delaying and withholding benefits, particularly psychological counselling, despite recommendations from multiple assessors.
