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Canada Case Law

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Class actions 2026 FC 590

Sweet v. Canada

Federal Court approved a data-breach class settlement, honoraria, and class counsel fees, and allowed objectors a further opt-out opportunity.

  • Data breach
  • Credential stuffing
  • Systemic negligence
  • Breach of confidence
  • Intrusion upon seclusion
  • Class action settlement approval
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Occupiers' liability 2026 BCSC 710

Marklinger v. British Columbia

Trail is a recreational trail (LOD-1) under the OLA and WDTAC; defendant assessor's March 2018 visual inspection was reasonable under WDTAC and the assessor legitimately concluded the Incident Tree was not a danger (leaning away); absence of contemporaneous documentation of a tree assessed as non-dangerous does not constitute reckless disregard under s.3(3)(b) OLA; core-policy immunity bars challenges to resource allocation but does not shield operational failures; on balance plaintiffs did not prove defendants acted with reckless disregard, therefore defendants not liable.

  • Reckless disregard
  • Duty of care
  • Danger tree assessment
  • Wdtac implementation
  • Core policy immunity
  • Record keeping/documentation
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Agricultural marketing law 2025 FC 1968

Canada v. Fouillard

The Federal Court granted summary judgment for Canada in a subrogated debt claim under the AMPA, finding the action timely and the defence unsupported.

  • Subrogation
  • Limitation period
  • Summary judgment
  • Interest calculation
  • Costs
  • Summary-judgment
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Civil 2025 ONCA 169

Li v. Barber

The Court of Appeal dismissed the appeal and upheld the motion judge’s dismissal of the s.137.1 anti‑SLAPP motion because, on the limited pre‑trial record, the respondents demonstrated there were grounds to believe their claims had substantial merit, there were grounds to believe the defendants lacked defences with a real prospect of success, and the comparative public‑interest weighing under s.137.1(4)(b) favoured allowing the proceeding to continue; no reviewable error was made by the motion judge.

  • Private nuisance
  • Public nuisance
  • Concerted action/common design
  • Donor liability
  • Anti‑slapp (cja s.137.1)
  • Certification
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Civil procedure 2024 BCSC 570

Reynolds v. Deep Water Recovery Ltd.

The court pruned a counterclaim about drone use, dismissing dissemination-based claims and punitive damages under the PPPA, while allowing physical intrusion and surveillance claims to proceed.

  • Protection of public participation
  • Pppa s.4 dismissal test
  • Pruning of pleadings
  • Trespass
  • Nuisance
  • Invasion of privacy
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Defamation 2023 ONCA 680

Volpe v. Wong-Tam

The appeal is dismissed because the impugned expressions related to matters of public interest and the appellants failed to show grounds to believe the defamation claim lacked a valid defence; the fair comment defence had a real prospect of success and thus the merits hurdle under s.137.1(4)(a) was not met, making dismissal under s.137.1 appropriate.

  • Freedom of expression
  • Anti-slapp (s.137.1)
  • Fair comment defence
  • Qualified privilege
  • Statutory immunity
  • Responsible communication
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Class actions 2022 FC 1228

Sweet v. Canada

The Federal Court certified a class action over 2020 Government of Canada online account data breaches and allowed claims in negligence, breach of confidence, and intrusion upon seclusion.

  • Certification criteria (rule 334.16)
  • Duty of care/proximity
  • Aggregate damages
  • Breach of confidence
  • Intrusion upon seclusion
  • Expert evidence admissibility
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Constitutional law 2016 BCCA 156

Federal Government Dockyard Trades and Labour Council v. Canada (Attorney General)

The British Columbia Court of Appeal dismissed a Charter challenge to the Expenditure Restraint Act, holding the wage rollback did not substantially interfere with collective bargaining.

  • Freedom of association s.2(d)
  • Collective bargaining
  • Wage restraint legislation
  • Expenditure restraint act
  • Freedom-of-association
  • Collective-bargaining
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Arbitration 2014 BCSC 2358

DJ Hildebrandt Homes Inc. v. HMTQ

The court refused a stay of proceedings, finding the dispute with CLBC arose from broader funding commitments and not from the CSA/STA arbitration clause.

  • Stay of proceedings
  • Scope of arbitration clause
  • Entire agreement clause
  • Funding commitments
  • Exit levies
  • Breach of fiduciary duty
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Tort 2014 BCSC 1782

HMTQ v. Imperial Tobacco Canada Limited

The court refused British Columbia’s request to decide pre-trial points of law about tobacco tax offsets and tobacco policy under Rule 9-4.

  • Damages assessment
  • Offsets by tax revenue
  • Government policy and core policy immunity
  • Rule 9-4 points of law/leave to proceed
  • Duty of care/anns test
  • Civil-procedure
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.