Michael Weissenborn

The appellant appealed a Small Claims Court judgment finding it liable for breach of contract.

The appellant had ordered shrimp from Panama through the respondent, but the Canadian Food Inspection Agency denied the import permit.

The appellant refused to pay for the shipment, arguing frustration of contract.

The Divisional Court dismissed the appeal, upholding the trial judge's finding that the permit denial was foreseeable and that the appellant, as the importer, bore the responsibility and risk of obtaining approval before placing the order.

The applicant Children's Aid Society sought leave to appeal a costs order requiring it to pay the respondent stepfather's costs on a full recovery basis in a child protection and status review proceeding.

The motion judge granted leave to appeal, finding reason to believe the costs judge misapprehended facts regarding whether the Society withheld expert reports from the respondent, and erred in principle by treating a status review application as an extension of a protection application for costs purposes.