Canada Case Law

Murray v. Young

Court

Supreme Court of British Columbia

The application to add Michael Holmes and Pemberton Holmes Ltd. is dismissed because the plaintiff failed to plead or establish an independent relationship with the proposed defendants and a loss distinct from the company's loss; therefore the Foss v. Harbottle derivative action doctrine bars the individual claims and the threshold under R.6-2(7)(c) was not met; additionally the July 31, 2020 release likely encompasses agents and further undermines the claim.

Source excerpt

• Joinder/joinder of parties
• Derivative action/foss v. harbottle
• Fiduciary duties
• Agency
• Release and settlement
• Limitation period

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Unified Fisheries Conservation Alliance v. Independent Fisheries Limited

Court

Supreme Court of Nova Scotia

Defendants failed to meet the persuasive burden to show that the Amended Statement of Claim lacked required material particulars under CPR 38.03(3); many demands sought evidentiary detail or information likely solely within defendants' knowledge and not material facts that must be pleaded. Given the regulatory complexity and public interest, disclosure/production and discovery are the appropriate mechanisms to develop the detailed factual record, so an order for further particulars is not warranted and the motion is dismissed.

Source excerpt

• Particulars and pleading requirements
• Civil conspiracy
• Intentional interference with economic relations
• Unjust enrichment
• Trespass
• Novel tort doctrine

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R. v. Garkouth, Ibrahim Hussein, and Obatusa

Court

Supreme Court of British Columbia

The court dismissed a s. 8 standing challenge to warrantless seizure of taxi CCTV still images, finding no reasonable expectation of privacy in the neutral images.

• Reasonable expectation of privacy
• Cctv surveillance
• Warrantless search and seizure
• Standing to bring charter challenge
• S.24(2) exclusion of evidence
• Reasonable-expectation-of-privacy

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Crotty v. Aviva General Insurance Company

Court

Newfoundland and Labrador Court of Appeal

The Court held the trial judge erred in law by using evidentiary material and by mischaracterizing the insurer's obligation to pay 'reasonable' expenses as a contractual discretion; the Amended Statement of Claim does disclose viable causes of action for breach of contract and breach of the duty of good faith in relation to unpaid travel benefits and certification of a benefits class is appropriate; claims for return of premiums and unjust enrichment were not viable and cannot form part of the certified class.

Source excerpt

• No-fault section b benefits
• Deductible practice
• Duty of good faith
• Cause of action at certification
• Certification criteria (s.5 caa)
• Preferable procedure

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AGT Food and Ingredients Inc. v. Fibreco Export Inc.

Court

Supreme Court of British Columbia

AGT’s termination of a terminal services agreement was invalid for failure to comply with a consent agreement, though the court found later wood pellet detections could otherwise have justified termination.

• Termination
• Notice and consent provisions
• Condition precedent
• Statutory prohibition (canada grain act)
• Cleaning/contamination protocol
• Specific performance

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McKinnon v. Ocean View Manor Society

Court

Supreme Court of Nova Scotia

The court held that affidavits must contain only admissible evidence and the judge must strike parts that are submissions, inadmissible hearsay without exception, impermissible expert opinion, or statutorily protected investigative material; applying relevance, materiality and admissibility the court upheld many challenged factual paragraphs and party admissions and business/government records as admissible, struck or redacted passages that were hearsay without necessary grounds, embodied legal conclusions or expert medical opinion beyond the affiants' competence, and struck disclosures prote…

Source excerpt

• Wrongful dismissal
• Detinue
• Motions to strike affidavits
• Hearsay and exceptions
• Scope of rebuttal evidence
• Nursing act confidentiality

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Ali v. Mercedes-Benz Financial Services Canada Corporation

Court

Supreme Court of British Columbia

The court held that “incurred” in DEER s. 5(8)(a) means when a party becomes liable to pay, usually when an invoice is issued, and dismissed both appeals.

• Disbursements
• Expert evidence
• Statutory interpretation
• Proportionality
• Standard of review
• Expert-evidence

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Manson v. Mitchell

Court

Supreme Court of British Columbia

Application for leave to amend a pleading granted in part and refused in part in a mountain-guiding negligence case, including negligent misrepresentation and damages issues.

• Negligence
• Negligent misrepresentation
• Pleadings and amendments
• Limitation periods
• Aggravated damages
• Punitive damages

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R v Brunswick

Court

Nova Scotia Provincial Court

To trigger the higher maximum in OHSA s.74(1B) the Crown must prove beyond a reasonable doubt that the omission underlying the offence was a significant contributing cause of the fatality; the Crown did not meet that burden for any of the offences; s.74(1B) therefore does not apply; convictions upheld and fines and education fund donations imposed: BECI Count 2 $40,000 plus 15% VFS; BECI Count 5 $40,000 plus 15% VFS and $10,000 to Education Fund (cumulative total $102,000 CAD); GEMTEC Count 11 $45,000 plus 15% VFS and $10,000 to Education Fund (total $61,750 CAD); NSP Count 16 $75,000 plus 15…

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• Causation
• Sentencing
• Victim impact
• Duty to provide rescue equipment
• Implementation of safe work practices

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Chowne v. Timesing Education Group Inc.

Court

Supreme Court of British Columbia

The court dismissed both the constructive dismissal claim and the employer’s counterclaim, finding the plaintiff accepted a part-time senior consultant role before resigning.

• Constructive dismissal
• Wrongful dismissal
• Employment contract terms and notice
• Damages (compensatory, aggravated, punitive)
• Administrative inspection/accreditation
• Constructive-dismissal

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