J. Dawe J.A.

In this second addendum to an appeal judgment, the Court of Appeal for Ontario resolved an outstanding issue regarding the calculation of partnership net profits for the purpose of finalizing damages.

The appellants provided evidence of a tax payment of $8,348.36 to the Canada Revenue Agency for the years 2014 to 2017.

The court ordered that this amount be deducted from the corporation's net income to determine the after-tax income for recalculating the damages owed to the respondent.

The Crown appealed a determinate sentence of nine years and a ten-year long-term supervision order imposed on the respondent, who had been designated a dangerous offender.

The respondent had committed several domestic violence offences against a new partner while subject to a prior long-term supervision order.

The Court of Appeal held that the sentencing judge erred in law by failing to properly apply the statutory presumption requiring indeterminate detention unless there was a reasonable expectation that a determinate sentence would adequately protect the public.

Because the evidentiary record was insufficient to determine whether the presumption was displaced, the court allowed the appeal and remitted the matter for a new hearing.

The case concerned a contract under which a shareholder advisory firm was to be paid a success fee if an asset manager became manager of a competing fund.

After an initial hostile takeover strategy failed, the asset manager later gained control through a different consensual transaction and argued the contract did not cover that outcome.

The Court of Appeal upheld the trial judge’s interpretation that the agreement was aimed at the overall goal of gaining control, not limited to one takeover strategy.

The court therefore confirmed that the success fee, the remaining management fee, and the trial costs award were payable, and dismissed the appeal with additional appeal costs.