Mitchell McGowan

The appellant appealed a trial decision ordering specific performance of an oral agreement to sell land to the respondent for $4.1 million.

The appellant argued the oral agreement was unenforceable under s. 4 of the Statute of Frauds, contending the detrimental reliance aspect of the doctrine of part performance was not met because the respondent's only obligation was to pay the purchase price, which was tendered but refused.

The Court of Appeal dismissed the appeal, finding the trial judge did not err in concluding the respondent irremediably carried out its obligations to its detriment by taking all necessary steps to close the transaction while the appellant stood by.

The Penfound Parties moved to lift a permanent stay of their claims and counterclaims, which had been imposed after they improperly accessed the Sprott Parties' privileged documents.

They sought the appointment of a litigation receiver and manager, arguing this constituted a material change in circumstances that would detoxify the litigation.

The court dismissed the motion, finding that the proposed remedy was not a new circumstance but an argument that could have been raised during the original stay motion.

The court held that issue estoppel precluded relitigating the appropriate remedy, and regardless, a receiver could not effectively cure the prejudice caused by the moving parties' knowledge of privileged information.

The respondent, Sara Baker, suffered a stroke and was denied long-term disability benefits by the appellant, Blue Cross Life Insurance Company of Canada.

A jury at trial found in favour of Baker, awarding retroactive benefits, aggravated damages, and $1.5 million in punitive damages, along with full indemnity costs.

Blue Cross appealed the punitive damages award and sought leave to appeal the costs award.

The Court of Appeal dismissed the appeal of the punitive damages, finding ample evidence of Blue Cross's reckless indifference or deliberate strategy to deny benefits, and that the quantum was rationally connected to deterrence.

The Court granted leave to appeal costs but ultimately dismissed the costs appeal, upholding the full indemnity costs based on Blue Cross's misconduct and the respondent's settlement offer, correcting the trial judge's reasoning for the costs award.

Roger Poirier (appellant) sued multiple defendants for fraud and misrepresentation related to a failed business investment.

He settled his claim with one defendant, Jerry Friedberg, but failed to disclose this settlement to the other defendants for six months.

The motion judge stayed the action against the remaining defendants, finding the non-disclosure to be an abuse of process.

Poirier appealed, arguing the motion judge applied an incorrect legal test and made palpable and overriding errors of fact.

The Court of Appeal dismissed the appeal, affirming that immediate disclosure of settlement agreements that fundamentally alter the litigation landscape is mandatory, and failure to do so constitutes an abuse of process warranting a stay of proceedings, regardless of prejudice to the non-settling parties.