2 total
Appeal of Master's order dismissed as the record showed the appellant had full notice.
The appellant appealed an order of Master MacLeod, arguing procedural unfairness because the order was allegedly made without formal notice or supporting materials, precluding an explanation for its defaults.
The Divisional Court dismissed the appeal, finding that the record disclosed full notice to the appellant and there was no palpable and overriding error or erroneous exercise of discretion by the Master.
Appeal dismissed; no fiduciary duty found between parties negotiating a commercial agreement.
The appellant appealed a trial judgment dismissing its claim for breach of fiduciary duty arising from commercial negotiations.
The appellant argued the trial judge erred in applying the law of fiduciary obligations to parties negotiating towards an agreement.
The Court of Appeal dismissed the appeal, finding no palpable or overriding error in the trial judge's conclusion that none of the indicia of a fiduciary duty were present, as the appellant did not repose trust of a confidential nature and was not vulnerable.
