2 total
Summary judgment set aside; legal status of money orders requires a full trial record.
The appellant currency exchanger accepted stolen money orders and sought to recover their face value from the issuer, arguing it was a holder in due course of a bill of exchange.
The motion judge granted summary judgment dismissing the claim, finding a money order is not a bill of exchange.
The Court of Appeal allowed the appeal and directed the matter to trial, holding that the legal status of a money order is a commercially important issue that requires a full factual record and should not be decided on a summary judgment motion under the Simplified Procedure.
Appeal dismissed; no constructive dismissal found and former employee liable for misusing confidential information.
The appellant appealed a trial judgment dismissing his claim for constructive dismissal and finding him liable for competing with his former employer using confidential information.
The Court of Appeal found no palpable and overriding error in the trial judge's conclusion that the appellant's transfer to a new position did not constitute a material change or constructive dismissal.
The Court also upheld the finding of liability for breach of duty regarding confidential information.
The appeal was dismissed with costs.
