Zain Naqi

An appeal from a motor vehicle accident trial in which the appellant, driving while impaired, collided with the respondents' vehicle, causing the death of a young child and serious injuries to family members.

Liability was admitted.

The appellant raised five grounds of appeal challenging the trial judge's determination of threshold issues under the Insurance Act, the admissibility of expert evidence, awards for loss of care, guidance and companionship, and the costs award.

The Court of Appeal dismissed all grounds of appeal, finding no bias, no error in the admission of expert evidence from a psychologist, no excessive damages awards, and no error in principle in the costs determination.

Appeal from a Superior Court judgment finding the indemnifier liable under an indemnity agreement for unpaid rent and related losses.

The indemnifier challenged the finding of liability based on alleged pre-contractual misrepresentations by the landlord regarding park improvements.

The court upheld the finding of liability, rejecting the misrepresentation defence.

On the quantum issue, the court dismissed the indemnifier's appeal regarding restoration costs and legal fees, but allowed the landlord's cross-appeal to extend liability for future rent through the end of the lease term, subject to mitigation credits.

The parties sought to settle an order following a decision finding the respondent in breach of an indemnity agreement related to a commercial lease.

The applicant landlord requested that the order include rent payable through to the end of the lease term, an issue not raised during the initial application.

The court held that while a lease is a commercial contract allowing for damages post-termination, the landlord has a duty to mitigate.

Because the landlord provided no evidence that the loss of future rent was unavoidable, the court declined to include an award for rent beyond the date previously determined.

The applicant landlord brought an application to enforce an indemnity agreement against the respondent guarantor after the tenant defaulted on a commercial lease.

The respondent argued the application should be converted to a trial, alleging it was induced to sign the indemnity by negligent misrepresentations regarding park signage and access.

The court found no evidence of specific, actionable representations and held that the absolute and unconditional terms of the indemnity agreement, along with the parol evidence rule, precluded the respondent's defence.

The application was granted, and the respondent was ordered to pay rent arrears, restoration costs, and legal fees.

The Court dismissed an appeal challenging a personal oppression order against a corporate director under s. 241(3) of the Canada Business Corporations Act.

It reaffirmed a two-pronged framework requiring that oppressive conduct be attributable to the director and that personal liability be fit in all the circumstances.

The Court identified fairness, narrow tailoring to rectify oppression, vindication of reasonable stakeholder expectations, and consistency with the broader corporate law context as guiding principles.

On the facts, the director’s lead role in the non-conversion decision and personal benefit through increased corporate control supported personal liability, and the pleadings were sufficient to ground that remedy.