5 total
Landlord granted declaration that lease extension agreement did not forgive tenant's rental arrears.
The applicant landlord sought a declaration that rental arrears were not released or forgiven by a lease extension agreement entered into with the respondent tenants.
The tenants argued that the arrears were wiped out and that they were entitled to a separate allowance under the agreement.
Applying the objective theory of contract formation and considering the factual matrix, the court found that the arrears were folded into the increased monthly rent and that the tenants were not entitled to a separate allowance without corresponding consideration.
The court granted the landlord's application for declaratory relief.
Appeal dismissed as parties consented to application judge deciding on conflicting evidence without a trial.
The appellant appealed an order determining an application in the face of conflicting evidence.
The Court of Appeal dismissed the appeal, noting that both parties were content to have the application judge determine the matters on the evidential record without requiring the trial of an issue.
The court found a clear evidential pathway to the application judge's findings and saw no basis to interfere.
Franchisor not vicariously liable for franchisee's alleged negligence where franchisee is an independent contractor.
The appellant franchisor appealed a Small Claims Court decision finding it vicariously liable for a fire that occurred at a franchisee's location and caused smoke damage to the respondent's neighbouring business.
The Divisional Court allowed the appeal, finding the trial judge erred in law by characterizing the franchisee as an employee rather than an independent contractor.
The court further held that the trial judge erred by inferring the franchisee's negligence solely from its failure to attend the trial, as there was no evidence as to the cause of the fire.
The action against the franchisor was dismissed.
Appeal of gaming registration renewal refusal dismissed due to attempted deception and failure to provide financial information.
The appellant appealed the Alcohol and Gaming Commission's decision to refuse the renewal of its registration.
The Divisional Court dismissed the appeal, finding no error of law in the Commission's conclusion that the appellant's representative attempted to deceive the Commission.
The Court also held that the financial information sought by the Commission was relevant, and the refusal to provide it contravened the Gaming Control Act, requiring the refusal of the renewal.
Costs of $10,460 were awarded to the respondent.
Registration renewal as non-gaming supplier refused due to failure to facilitate investigation and misleading disclosure.
The Registrar issued a Notice of Proposed Order to refuse to renew the registration of Northwest Protection Services Ltd. as a non-gaming related supplier.
The refusal was based on the applicant's failure to facilitate a due diligence investigation by refusing to provide requested financial information, and its failure to disclose that a key employee had returned to work for the company.
The Board found that the applicant attempted to mislead the Commission regarding the employee's status and contravened the Gaming Control Act by refusing to provide relevant financial information.
The Board confirmed the proposal not to renew the registration.
