Peter A. Daley

The appellant appealed the dismissal of its action for damages and breach of confidence against the respondent.

The appellant had provided the respondent with confidential discount information belonging to a third-party medical network during a business pitch.

The respondent subsequently contracted directly with the third party, excluding the appellant.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings that the appellant was not the entity entitled to the confidence and that the respondent had not misused the information, as it was used exactly for its intended purpose of evaluating the third party's services.

The plaintiff's disability benefits were terminated by the defendant insurer after two years.

The plaintiff sued for specific performance and sought an interlocutory injunction to reinstate payments pending trial.

The defendant sought an adjournment of the motion, which the motions judge granted on the condition that the defendant continue paying benefits for three months without prejudice.

The defendant appealed to the Divisional Court, arguing the motion was brought in the wrong venue and the condition amounted to an improper mandatory injunction.

The Divisional Court dismissed the appeal, holding that a venue irregularity does not automatically invalidate an order absent prejudice, and the payment condition was a valid exercise of discretion to mitigate the prejudice of the adjournment, not a determination on the merits of the injunction.

The respondent negligently caused a traffic accident on a provincial highway, resulting in debris and a risk of explosion.

The Crown incurred $300 in clean-up costs and sued to recover this amount.

The Court of Appeal characterized the claim as one for pure economic loss and denied recovery.

The Supreme Court of Canada allowed the appeal, holding that the highway suffered direct physical damage and the Crown, as the property owner, was entitled to recover the costs of restoring the road to its prior condition.