Ronald Flom

The appellants appealed a trial judgment finding that a Memorandum of Understanding regarding a joint property purchase was a binding contract that they had repudiated.

The appellants argued the respondent breached fiduciary duties by attempting to obtain a secret commission.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusion that the unsuccessful attempt to gain a secret commission did not amount to a breach of fiduciary duty, especially since the issue was raised late in the trial.

The court also upheld the remedy of rescission.

The appellants appealed an order finding that the dispute forming the subject-matter of the claim fell outside the ambit of the arbitration clause in the minutes of settlement.

The Court of Appeal found no error in the motions judge's conclusion and dismissed the appeal with costs.

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.