It was held by the Court of Appeal that a clause in the franchise agreement required the franchisee to provide the franchisor with a general release of any claims against the franchisor as a condition precedent to the franchisor consenting to the assignment of the franchise agreement was void and unenforceable under s. 11 of… Continue reading 2176693 Ontario Ltd. et al. v. The Cora Franchise Group Inc., 2014 ONSC 600
Two separate actions were commenced for damages for breach of contract and unjust enrichment arising out of tax consulting services allegedly performed by A for the defendant. The first action was commenced by 131, a company of which A was a principal and shareholder, as the sole plaintiff. The second action was commenced by A… Continue reading 1318847 Ontario Ltd. v. Laval Tool & Mould Ltd. 2017 ONCA 184
In 1931, I. conveyed land containing a gravel pit to B. and M., who purchased the land solely to obtain the gravel. At the same time, the parties entered into an agreement giving I. the “first option to purchase” the land for $1.00 once the gravel had been removed. However, the agreement gave B. and… Continue reading 2123201 Ontario Inc. v. Israel Estate, 2016 ONCA 409
The defendant leased land to the plaintiff for the construction and operation of a driving range. When the plaintiff fell into arrears of rent, the defendant terminated the lease, but refused to permit the plaintiff to remove a driving range deck, a deck canopy, a ball shack, driving range barrier net poles, and driving range… Continue reading 2105582 Ontario Ltd. v. 375445 Ontario Ltd., 2017 ONCA 980
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
© 2025 Hashmi Law Group || Sitemap
