Robert McDonell

The plaintiff brought an action alleging he contracted mesothelioma from asbestos exposure and claimed the defendants conspired to withhold information about the dangers of asbestos.

The defendants applied to strike out the conspiracy claims as disclosing no reasonable claim.

The Supreme Court of Canada held that a statement of claim should only be struck out if it is 'plain and obvious' that it discloses no reasonable claim.

The Court found it was not plain and obvious that the conspiracy claim would fail, and the action was allowed to proceed.

Appeals arising from commercial contracts for the supply of industrial gearboxes used in an oil sands operation.

The Court held that the supplier-designer remained liable for design defects and for breach of the implied fitness warranty under s. 15(1) of the Ontario Sale of Goods Act because the contractual warranty did not clearly exclude the statutory protection.

The Court also held that the separate supplier's exclusion clause barred liability, rejecting use of fundamental breach to override clearly negotiated allocation of risk between sophisticated commercial parties, subject to unconscionability.

On the trust dispute, the majority allowed the cross-appeal and held the fund belonged to the respondent purchaser, rejecting the constructive trust claim for lack of unjust enrichment.