The parties entered into an agreement of purchase and sale for a commercial condominium. The agreement provided that if the purchase defaulted, the deposit funds were forfeited to the vendor as liquidated damages. The precise closing date was left to the vendor to set. The purchaser paid deposits totaling $40,000, and a further $31,999.50 on… Continue reading 2336574 Ontario Inc. v. 1559586 Ontario Inc., 2016 ONSC 2467
Contribution & Indemnity Contribution rights of a party only arises where the party could be required to pay more than its proportionate share of a plaintiff’s damages. The Court of Appeal’s decision in Taylor v. Canada (2009), 95 O.R. (3d) 561, (2009) O.J. No. 2490 (C.A.) makes it clear that contribution rights only… Continue reading Allianz Global Risks US Insurance Co. V. Nalco Chemical Co. (2014) ONSC 4302
The deceased and S were business partners for decades. The applicants applied for a declaration that two Toronto Maple Leafs season tickets which were in the name of the deceased were held in trust by the deceased’s estate for the partnership. S testified that the tickets were offered to both partners by a business contact… Continue reading Anspor Construction Ltd. v. Neuberger Estate, 2016 ONSC 75
*Bailey v. Milo-Food & Agricultural Infrastructure & Services Inc., 2017 ONSC 1789 The plaintiff was given two years’ working notice of termination in March 2013. He continued working for the entire notice period. In December 2015, he commenced an action for damages for wrongful dismissal. He also asserted claims for severance pay, intentional infliction… Continue reading Bailey v. Milo-Food & Agricultural Infrastructure & Services Inc., 2017 ONSC 1789
The defendant used the process established by the Patented Medicines (Notice of Compliance) Regulations to keep the plaintiff’s generic version of the defendant’s patented drug out of the market for two years. Because the defendant’s patent was later invalidated, the plaintiff became entitled under s. 8(1) of the Regulations to recover the damages it suffered… Continue reading Apotex Inc. v. Eli Lilly and Co., 2015 ONCA 305
The acquisition of a company by the respondents triggered gains by ten of the company’s executives on stock options held by them that did not benefit from the 50 per cent deduction on stock option benefits available in certain circumstances to employees pursuant to s. 110(1)(d) of the Income Tax Act. The applicants brought an… Continue reading Birch Hill Equity Partners Management Inc. v. Rogers Communications Inc., 2015 ONSC 7189
The plaintiffs sued their former accountants. After the plaintiffs’ lawyer set the action down for trial, the plaintiffs brought a motion for an order granting them leave to conduct an examination for discovery of the individual defendant. Held, the motion should be granted. A moving party is not required to show a substantial… Continue reading BNL Entertainment Inc. v. Ricketts, 2015 ONSC 1737
The award of damages for intentional infliction of mental suffering is compensatory. It is meant to compensate the plaintiff for the harm she suffered because of the defendant’s misconduct. Punitive damage awards are not compensatory. They are meant to punish the defendant in exceptional cases where the defendant’s conduct has been “malicious, oppressive and high… Continue reading Boucher v Wal-mart Canada Corp. Et al, 2014 ONCA 419
The defendants published a series of newspaper articles about the plaintiff’s successful bid on a $300 million contract to build a new critical care centre at a Toronto hospital. The plaintiff sued the defendants for damages for defamation, claiming that they falsely alleged that the plaintiff obtained the contract corruptly. The defendants pleaded the defences… Continue reading Bondfield Construction Company Ltd. v. Globe and Mail Inc. 2019 ONCA 166
The plaintiffs’ restaurant was destroyed by a deliberately set fire in June 2006. Within days of the fire, the defendant insurer put the plaintiffs on notice that it might deny coverage on the basis that the plaintiffs had set the fire. The plaintiffs commenced an action in 2007 for indemnification under the policy. In its… Continue reading 1588444 Ontario Ltd. v. State Farm Fire and Casualty Co. 2017 ONCA 42
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