2 total
Indirect asset transfers triggered guarantor liability under the settlement minutes.
On a summary judgment motion arising from a franchise settlement dispute, the court held that a related corporation that received franchisor rights, powers, and a 50% trademark-holding share interest became subject to the guarantee obligation in minutes of settlement.
Applying the summary judgment framework, the court found no genuine issue requiring a trial on the existence of the guarantee, the timing and character of the transfers, the related-entity status of the recipient corporation, or the asserted contractual defences.
The court interpreted 'transfer' broadly, including indirect and circuitous transfers implemented as part of a corporate plan to move assets within related entities.
Declaratory and payment relief was granted against the related corporation, including ongoing monthly payments, interest, and prior costs awards.
Motion for summary judgment dismissed; strict written notice under Proceedings Against the Crown Act not definitively required.
The plaintiff was allegedly injured by propane gas poisoning at a cabin owned by the Ministry of Natural Resources.
An MNR supervisor attended the hospital, spoke to the plaintiff's parents, took notes, and reported the incident.
The defendant brought a motion for summary judgment dismissing the action for failure to comply with the strict 10-day written notice requirement under s. 7 of the Proceedings Against the Crown Act.
The court dismissed the motion, finding that the notice provisions should receive a liberal construction, there is no clear requirement that notice must be in writing, and the supervisor's notes contained sufficient particulars to satisfy the Act.
