Bank only acted through agents, so when agent failed to read or understand term in proposal that was bank's failure — When agency was out of touch with lawyer it was result of banks failure to coordinate its agents or act through single agent to enforce related liabilities — It would be unjust to annul proposal allowed by bank on ground that bank now understood what it voted for.

In Evans and Discovery Communications, 2018 FC 1153, the Federal Court granted the defendant's motion for summary judgment to dismiss the plaintiff's copyright infringement claim.

Employer dismissed employee without appropriate consideration and investigation; Employer did not show conduct incompatible with employee's duties which went to root of contract

The Supreme Court allowed the appeal in Callidus Capital Corporation v. Her Majesty the Queen, 2018 SCC 47, on November 8, 2018.

In the deceased's will, he only left his wife a life estate in his share of a condominium. The deceased's children were made his attorneys through a power of attorney. The children were beneficiaries, and one of them was executor. The wife, through her daughter as litigation guardian (applicant), brought an unsuccessful application for an accounting and equalization under Pt. IV of Family Property Act. An appeal was filed and dismissed. The court held that the applicant was not entitled as of a right to an accounting before a master. The applicant was entitled to an accounting, which occurred before applications judge.

If bankrupt could challenge validity of entire bankruptcy proceedings at this late stage, it would amount to collateral attack on validity of initial bankruptcy order, which was properly made and upheld upon appeal — This would be contrary to concept of finality ensconced in doctrines of res judicata and abuse of process.

Clubine v. Paniagua [2018 CarswellBC 1798 (B.C. S.C.)] examines the effect of “After The Event Insurance”, or “Adverse Costs Insurance” on costs awards in British Columbia. ATE insurance is coverage purchased for the specific purpose of indemnifying the insured against expenses related to litigation itself. Often the policies are purchased after the event that is the subject of the litigation (such as an automobile accident) has occurred.

Employee filed complaint under Employment Standards Code for vacation pay and holiday pay; employer contended that "vacation pay" in agreement also included holiday pay; umpire found this inconsistent with employer's obligations to keep records and provide written statement separating out vacation and holiday pay under Code

A bank was liable to the CRA where money was owed under the Excise Tax Act by a client of the bank. The bank had given the client a loan secured by real property; the client then sold the property and repaid the loan. Under the ETA, both the property and the proceeds of the property were held in a deemed trust for the Crown; the Court ruled that the ETA prevented the bank from relying on the defence of bona fide purchaser for value: 2018 FC 538

2018 ONCA 778; Bankruptcy and insolvency --- Companies' Creditors Arrangement Act — Miscellaneous

Employee took leave of absence for a medical condition and was advised that he was terminated from employment as a result of frustration of contract

2018 ONCA 696; affirming Fairfield Sentry Limited et al v. PwC et al (2017), 2017 ONSC 3447; Bankruptcy and insolvency — Proving claim — Provable debts — General principles