Michelle Fan

An engineer employed by an engineering firm acquired shares in the company and sold them back for $891,820 to be paid in ten installments.

After the employee resigned and became CEO of a rival firm, the company refused to make further payments, alleging breach of fiduciary duty through solicitation of employees and use of confidential information.

The employee sued for breach of contract.

The motion judge granted summary judgment, finding no breach of fiduciary duty caused any harm.

The company appealed, arguing that breach of fiduciary duty cases are unsuitable for summary judgment and require a full trial.

The appellate court dismissed the appeal, holding that breach of fiduciary duty is not a special category exempt from summary judgment and that no genuine issue for trial existed on the record.

An insurance broker appealed a summary judgment dismissing its action against an insurer for indemnification.

The broker had arranged insurance for a client's vehicle but failed to properly communicate the vehicle model to the insurer, resulting in a policy issued for the wrong vehicle.

When the client's vehicle was damaged in an accident, the insurer denied coverage.

The broker's errors and omissions insurer paid the client's claim, and the broker sought recovery from the insurer.

The motion judge granted summary judgment to the insurer.

The Court of Appeal found the motion judge's reasons insufficient for appellate review as they did not address the key contractual indemnification provisions.

The appeal was allowed and the matter was directed to trial.

The insured drove a snowmobile after consuming alcohol to rescue a friend who was lost on a frozen lake.

The insured held a valid driver's licence but was in breach of a probation order prohibiting him from driving with alcohol in his blood.

Following an accident that seriously injured the friend, the insured's automobile insurer denied coverage, arguing he was not 'authorized by law to drive' under statutory condition 4.

The court held that 'authorized by law' refers to the possession of and compliance with a valid driver's licence, not court orders or legislative prohibitions.

The insurer was ordered to provide full coverage.