3 total
Summary judgment granted dismissing $8M commission claim as plaintiff did not introduce the parties.
The plaintiff claimed a commission of $8,080,000 from the defendants, alleging it introduced them to a mining company and provided confidential information pursuant to a confidentiality agreement.
The defendants moved for summary judgment to dismiss the claim.
The court found that the defendants and the mining company had already introduced themselves before the plaintiff's involvement, and the plaintiff only provided publicly available information.
The motion for summary judgment was granted, the action was dismissed against the moving defendants, and substantial indemnity costs were awarded to the defendants.
Appeal dismissed; trial judge's finding of an implied term governing partnership resignation upheld despite erroneous reference to frustration.
The appellants appealed a trial judgment in favour of the respondent, arguing the trial judge unfairly set aside formal admissions and relied on unpleaded doctrines of frustration and lack of consensus ad idem.
The Court of Appeal found that the trial judge did not set aside formal admissions, but rather distinguished between agreeing to purchase shares and actually purchasing them.
While the trial judge erred in referencing the doctrine of frustration, his conclusion was supported by his finding of an implied term governing the respondent's resignation from the partnership before purchasing shares.
The appeal was dismissed.
Wrongful dismissal appeal dismissed; employee condoned minor contract changes and accepted notice period.
The appellant appealed the dismissal of his wrongful dismissal action, arguing that the employer's unilateral changes to his employment contract invalidated the termination clause.
The Court of Appeal dismissed the appeal, upholding the trial judge's findings that the changes were not fundamental and had been condoned by the appellant.
Furthermore, the Court found that the appellant was estopped from claiming more than six months' notice, as he had accepted the six months offered at termination without objection.
