Clark v. Walker

canada, canadian, case law, court opinion, canlii, onca, 2026onca634, 2026 onca 634 (canlii), 2026, onca, 634, (canlii), coa-25-cv-1065; coa-25-om-0298, 2026, contracts, employment contract, breach, whether the counterclaim could succeed on an unpleaded cause of action, fundamental rule that lawsuits be decided within the boundaries of the pleadings, rodaro v. royal bank of canada, evidence missing on what work product was taken, order granting counterclaim set aside, procedure, reasons for judgment, appellate review, whether reasons permit meaningful appellate review, reasons must address live issues and key arguments, f.h. v. mcdougall, dovbush v. mouzitchka, brevity not determinative, no free, standing right of appeal for inadequate reasons, r. v. sheppard, appeal dismissed on this ground, business associations, joint venture, essential terms, whether parties entered into a joint venture or contemplated joint venture, joint venture contractual in nature requiring intention and agreement on essential terms, bawitko investments ltd. v. kernels popcorn ltd., ubs securities canada, inc. v. sands brothers canada, ltd., “agreement to agree” not enforceable, appeal dismissed on this ground, trusts, fiduciary duties, duty of confidence, whether a contemplated or operationalized joint venture gave rise to fiduciary duties or duties of confidence, ad hoc fiduciary relationship elements, alberta v. elder advocates of alberta society, arm’s, length commercial parties and no undertaking to act in best interests, lac minerals ltd. v. international corona resources ltd., appeal dismissed on this ground