What is the test for an application for damages of more than $100,000 to be sustained against a company that is not financially viable?
Manitoba, Canada
The following excerpt is from Bank of Montreal v. Superior Management Ltd. et al., 2010 MBQB 244 (CanLII):
Further, the evidence of irreparable harm must be clear and not speculative (toronto.com v. Sinclair, 2000 CarswellNat 1105 (F.C.T.D.) at para. 15; (2000), 2000 CanLII 15734 (FC), 6 C.P.R. (4th) 487).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will an application be dismissed because the applicant failed to disclose sufficient particulars about her financial situation? (Manitoba, Canada)
What is the test for recoverable damages for fraudulent use of shares of an insolvent company? (Manitoba, Canada)
Is a child entitled to damages under the doctrine of common law damages under which they are not entitled? (Manitoba, Canada)
What is the range of damages for damages for an infant plaintiff who lost his sight as a result of an operation for retinal detachment? (Manitoba, Canada)
How does the doctrine of negli gence apply when a defen dant causes damage to property where the damage was not caused by the defen-dant? (Manitoba, Canada)
Is Mani-toba liable in damages for damage caused by the drainage activities of Mani toba? (Manitoba, Canada)
In what circumstances will an application be allowed to amend the Rules of Civil Procedure? (Manitoba, Canada)
Does a judge have discretion to depart from the applicable tariff on an award of costs? (Manitoba, Canada)
What is the test for determining the range of general damages in a personal injury case? (Manitoba, Canada)
What is the test for determining the proper measure of damages for third tier lending? (Manitoba, Canada)
