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The Court of Appeal held that Tyson Bowe was not “operating” the vehicle from the passenger seat under s. 86(1) of the MVA, and rejected a triangular agency theory.
The Court upheld the motion judge's discretion to enforce the forum selection clause: the appellants, being sophisticated and having had the opportunity to review and sign the client account agreements, did not demonstrate strong cause to depart from the clause; the clause was sufficiently broad to encompass the claims; and British Columbia courts can apply Ontario law, therefore the stay of proceedings as against PI Financial Corp. was proper.
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The court found a binding real estate contract, held the vendors breached it by selling to a third party, and awarded the Khullars $258,000 in damages.
G & S breached the standard of care by continuing delivery after the alarm stopped; Ultramar was vicariously liable for G & S's negligence but was not personally at fault; therefore, under the common law principle of implied indemnity applicable to vicarious liability, G & S must indemnify Ultramar for any and all amounts Ultramar may be required to pay Park Place arising from this proceeding; G & S's cross‑claim against Ultramar is dismissed.
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The court held British Columbia lacked territorial competence over the individual defendants and, alternatively, stayed the action in favor of Alberta as the more appropriate forum.
The Court of Appeal upheld liability of the Province to Stanco in a tendering dispute, finding post-closing bid manipulation breached the implied duty of fairness.
La Cour a accueilli la demande de Barbara May Morin et rejeté l’action contre elle, concluant qu’il n’y avait ni consentement implicite ni responsabilité en négligence.
The court dismissed a plaintiff’s claim that an insurance agent had to warn of an underlying policy’s expiry when arranging a vehicle transfer and replacement-cost coverage.
The Court of Appeal allowed the appeal in part, holding the vendor liable for negligent misrepresentation about encroachment, but not for the view issue or vicarious liability.
The Supreme Court of Canada held that hearsay is generally inadmissible in Quebec civil trials, but a June 1960 statement by the deceased doctor could be heard under reserve as a possible admission.
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