24 total
Appeal dismissed; ongoing supply of goods constituted valid consideration for personal guarantee.
The appellants appealed a trial judgment enforcing a personal guarantee and determining the amount owed for the supply of flowers.
The appellants argued the guarantee lacked consideration and challenged the trial judge's factual findings on the debt.
The Divisional Court dismissed the appeal, finding that the ongoing supply of flowers constituted valid consideration and that there was no palpable or overriding error in the trial judge's assessment of the amount owing.
The court also rejected the argument that the Rule 76 simplified procedure offends natural justice.
Interim decision orders psycho-educational assessment and interim placement to facilitate excluded student's return to school.
The parents of a 16-year-old student appealed the school board's decisions regarding the student's special education identification and placement.
The student had been excluded from school since January 2010.
The Tribunal issued an interim decision to facilitate the student's return to school, granting the appeal of the specific exceptionality identification and dismissing the placement appeal at this time.
The Tribunal ordered the school board to arrange a full psycho-educational assessment, convene an Identification Placement Review Committee meeting, and arrange an interim self-contained special education class placement.
Judicial review dismissed; Appeals Tribunal reasonably found worker injured driving home from emergency call was in course of employment.
The applicant employer sought judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal, which awarded compensation to a worker injured in a motor vehicle accident while driving home after responding to an emergency call outside normal working hours.
The Appeals Tribunal applied the Board's Travelling Policy, finding the worker was in the course of his employment.
The Divisional Court dismissed the application, holding that the Appeals Tribunal's decision was reasonable, within its jurisdiction, and properly applied the mandatory Board policy.
A secured creditor's perfected PPSA security interest has priority over an insurer's statutory salvage rights.
The appellant financed the purchase of two trucks and perfected its purchase money security interests under the PPSA.
The trucks were leased to third parties, insured by the respondent, and subsequently stolen.
The respondent paid the actual cash value of the trucks to the insureds and claimed salvage rights under statutory condition 6(7) of the Insurance Act.
The Court of Appeal held that the appellant's perfected security interests had priority over the respondent's salvage rights.
Section 4(1)(c) of the PPSA and statutory condition 6(7) do not operate to extinguish a prior perfected security interest, and the transfer of title to the insurer was not a sale in the ordinary course of business.