Category: Case Reporter
Cann v Director, Fort Garry/River Heights, 2020 MBCA 101 & 2021 MBCA 75
Written by Nick Noonan One of the more intriguing pandemic-related pieces of jurisprudence had surprisingly little to do with business law, but is worth profiling nonetheless, given its unique nature. […]
Aleshka v. Fettes et al., 2021 MBQB 14
Written by Nick Noonan, JD, LLM This case is a COVID-19 related dimension of Manitoba business law. In Aleshka v. Fettes et al., 2021 MBQB 14, there was a complex […]
Prairie Risk Management Inc. v. Marsh Canada Ltd. et al., 2023 MBKB 29
Written by Nick Noonan In the case of Prairie Risk Management Inc. v. Marsh Canada Ltd. et al., the plaintiff, Prairie Risk Management Inc. (PRM), alleged that the defendant, Marsh Canada […]
Maes et al. v. Western Warner Oil Ltd. et al., 2022 MBQB 7
Written by Nick Noonan In Maes et al. v. Western Warner Oil Ltd. et al., the case unfurled a mix of complex allegations and counterclaims involving an investment in Western Warner, […]
Tron Construction
In the recent decision of Tron Construction (Re) (2022 SKKB 203), the Saskatchewan Court of King’s Bench determined that a claims process for builders’ lien claims can be established through a single-proceeding model under the Bankruptcy and Insolvency Act[1] rather than through provincial builders’ liens legislation (in this case, Ontario’s Construction Act[2]).
Savanna Well Servicing v Cleo Energy – 2022 ABKB 769
A recent summary judgment from the Alberta Court of King’s Bench, Savanna Well Servicing v Cleo Energy, has added to the body of jurisprudence stating that, when a contract’s terms clearly supersede any previous negotiations, unfulfilled verbal pre-contractual representations will not be found to constitute negligent misrepresentations.
Premier Finance
Leaving false and malicious negative online reviews can make a reviewer liable for defamation, as is illustrated by this recent case. Here, a family lumber business was recently awarded $90,000 in damages after successfully claiming defamation against a disgruntled customer. In Premier Finance Ltd. v Ginther, 2022 BCSC 1461[1] an unhappy customer, Mr. Ginther, posted negative reviews of the lumber company on Google and Yelp after experiencing what he claimed to be poor customer service. The plaintiff, Longhouse Specialty Forest Products, owned by Brian and Moila Jenkins, sued for $675,000 claiming that Mr. Ginther’s reviews damaged the company’s reputation and caused it financial losses. At trial, the BC Supreme Court found that Mr. Ginther’s reviews were defamatory as the plaintiffs met the burden of proof in establishing defamation and the defendant could offer no reasonable defense. Finding the comments both untrue and malicious, the court awarded the plaintiffs both general and aggravated damages.
EncoreFX Inc (Re)
How should ongoing bankruptcy proceedings be handled once debts have been resolved through a subsequent CCAA process? In a recent decision from British Columbia, EncoreFX Inc. (Re), 2023 BCSC 39[1], the province’s Supreme Court addressed this surprisingly murky question.
Bogue v Miracle, 2022 ONCA 672
Written by Ty Schmidt Can a court, in light of section 89 of the Indian Act,[1] place an on-reserve business into receivership? No, confirmed the Ontario Court of Appeal in […]
Aubin v Quantiam Technologies Inc.
In the recent case of Aubin v Quantiam Technologies Inc(2022 ABCA 288), the Alberta Court of Appeal upheld the case management judge’s decision to enforce a minority shareholder’s security interest in a corporate owner’s shares in a corporation. The Court determined that doing so is not an unfair preference of one common shareholder over the others, and does not constitute oppression.