Thomas Dyson

Mylex Ltd. appealed a trial judgment finding it liable in contract and tort for failing to meet delivery dates and providing poor quality ready-to-assemble furniture to Magnussen Furniture Inc. Magnussen cross-appealed the damages and costs awards.

The Court of Appeal found that while the trial judge erred in finding an 'overall contract' existed, this did not affect the ultimate liability finding based on breached purchase orders and negligence.

The Court upheld the trial judge's assessment of damages, which limited lost profits to a two-year period due to contingencies, and affirmed the discretionary costs award.

Both the appeal and cross-appeal were dismissed.

The appellant was injured in a motor vehicle accident and claimed income replacement benefits (IRBs), housekeeping benefits, and a special award.

The Arbitrator found that she was employed as a part-time bartender at the time of the accident, limiting her IRB entitlement to 10 weeks until she returned to that job.

The Arbitrator also excluded short-term disability benefits from her pre-accident gross income calculation, denied ongoing housekeeping benefits based on her family doctor's report, and refused a special award.

On appeal, the Director's Delegate upheld the Arbitrator's findings, concluding there were no errors of law in determining her employment status, calculating her gross income, or assessing her credibility and entitlement to benefits.

The appeal was dismissed.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, including income replacement and housekeeping benefits.

The insurer denied the income replacement benefits, arguing she was unemployed at the time of the accident.

The arbitrator found that the applicant's casual part-time work as a bartender constituted employment at the time of the accident, entitling her to income replacement benefits for a closed period of 10 weeks.

Claims for further housekeeping expenses and a special award were dismissed.