ONTARIO – An employee of a real estate brokerage, who, to the knowledge of the broker was not registered under the Real Estate and Business Brokers Act, (“REBBA”), was not entitled to recover agreed remuneration from the brokerage, either in contract or by quantum meruit, notwithstanding that the brokerage earned over $600,000 in commissions as a result of the employee’s work’ due to the prohibition in s.9 of REBBA.
Continue readingCASE #025E – Leon v. Dealnet Capital Corporation
ONTARIO – An appeal is not barred by s. 7(6) of the Arbitration Act, 1991, where a judge stays an action under s. 7(1) in favour of arbitration of an employment agreement, if there is reason to doubt the legality and enforceability of the arbitration clause.
Continue readingCASE #024E – Extreme Venture Partners Fund I LP v. Varma
ONTARIO – In remedying illegal and unethical corporate behaviour and breach of fiduciary duty, there is no automatic rule that all profits earned by the wrongdoers must be disgorged.
Continue readingCASE #023D – Ottawa (City) v. ClubLink Corporation ULC
ONTARIO – The rule against perpetuities does not apply to a contractual right that does not create an interest in land.
Continue readingCASE #022D – Winfund Software Corp. v Progressive Strategy Capital Group Corp
ONTARIO – Where a Small Court judge rewrites the agreements between the parties without consideration for the words the parties used and fails to follow proper principles of contract construction, the judge commits an extricable error of law, for which the standard of appellate review is correctness.
Continue readingCASE #021D – CSI Toronto Car Systems Installation Ltd. v. Pittasoft Co., Ltd.
ONTARIO – On a motion to stay an action under ICAA, 2017, a party to an arbitration clause may be estopped by its prior conduct from relying on it.
Continue reading