2 total
Appeal allowed; Master erred in striking pleadings regarding landlord's knowledge of counterfeit sales at flea market.
The plaintiffs appealed a Master's order striking out four paragraphs of their Statement of Claim.
The paragraphs alleged that the defendant landlords had general knowledge that counterfeit merchandise was being sold at their flea market.
The Master struck the paragraphs under Rule 25.11, finding them irrelevant and scandalous.
The Superior Court allowed the appeal, holding that the law on a landlord's vicarious liability for tenants selling counterfeit goods is unsettled, and it was an error to strike potentially relevant material facts at the pleadings stage.
Appeal on merits dismissed due to collateral attack; costs award reduced to partial indemnity.
The appellant appealed the dismissal of his application for declaratory relief under the Charter and the award of substantial indemnity costs against him.
The Court of Appeal dismissed the appeal on the merits, agreeing with the application judge that the doctrine of collateral attack was a complete answer to the application.
However, the Court granted leave to appeal the costs award and allowed that portion of the appeal, finding no basis for substantial indemnity costs.
The costs award was reduced to partial indemnity, and the respondents were awarded $5,000 in costs for the appeal.
