Peter Frederick Cowan Howard

Thoroughbred trainer Jim Day appealed a decision of the Stewards disqualifying the horse Bubbi Trap for failing to carry the correct weight during a race.

The horse was required to carry 118 lbs but weighed in at 116 lbs due to an error by the Gaming Eligibility Clerk.

The Ontario Racing Commission dismissed the appeal, finding that under Rule 8.03, the horse failed to carry the correct weight over the entire distance of the race, and the 2 lb tolerance in Rule 8.05.1 did not apply to condition weights.

The plaintiff brought a proposed class action against the manufacturers and the independent tester (ULC) of an allegedly defective smoke alarm, seeking damages for pure economic loss.

The defendants moved to strike the statement of claim as disclosing no reasonable cause of action.

The Court of Appeal held that the plaintiff could not maintain an action against the manufacturers whose products he did not purchase.

However, the court allowed the negligence claim against the manufacturer of his specific smoke alarm to proceed, finding it was not plain and obvious that a claim for pure economic loss based on a defective safety device would fail.

The negligence claim against the independent tester was struck out as it owed no prima facie duty of care to the purchaser.

Ardagh PLC, an unsuccessful bidder in a court-approved sale process under the CCAA, sought leave to appeal the order approving the sale of Consumers Packaging Inc.'s assets to Owens-Illinois, Inc. The Court of Appeal refused leave, noting that leave to appeal in CCAA proceedings should be granted sparingly and not where it would prejudice the restructuring.

The court also noted that an unsuccessful bidder generally lacks standing to challenge a sale approval order.