Canada Case Law

4 Noses Brewing Company, LLC v. Specific Engineering Solutions Ltd.

Court

Supreme Court of British Columbia

The default judgment was set aside because the defendant's failure to file a response was not shown to be wilful or deliberate, the defendant applied promptly after learning of the judgment, the defendant advanced defences worthy of investigation (reliance on the Sales Order limited warranty, challenge to the validity/authority behind the 2024 Agreement, and a limitation-period defence), and the late affidavit was properly admitted as relevant and not prejudicial; setting aside the default judgment best serves the interests of justice.

Source excerpt

• Default judgment
• Setting aside default judgment
• Miracle feeds test
• Admission of late affidavits
• Limitation defence
• Limited warranty interpretation

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Hartin v. Hynes

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an appeal from summary judgment in a dog-bite case, finding no agency basis for vicarious liability and no statutory owner liability.

• Dog bite
• Owner liability under statute
• Vicarious liability
• Agency relationship
• Summary judgment
• Costs of appeal

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MacKay Communications - Canada Inc. v. Coastal Craft Yachts Ltd.

Court

Supreme Court of British Columbia

The court exercised its discretion to allow the plaintiff to further amend the amended notice of civil claim and to add BIM, Topbas and Promotors as defendants because there is a triable issue as to beneficial ownership and agency, no compelling evidence of prejudice or abuse of process was shown, and BIM did not present sufficient evidence to set aside the warrant or caveat; a change in legal ownership alone is insufficient to defeat an in rem claim at this early stage.

Source excerpt

• Amendment of pleadings
• Jurisdiction in rem
• Beneficial ownership
• Warrant of arrest
• Admiralty caveat
• Agency and vicarious liability

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Sofia Express AG Corporation v. Nautel Limited

Court

Supreme Court of Nova Scotia

Court accepted applicant's evidence as more consistent with documentary record and commercial reality, found a continuing agency relationship by conduct that persisted beyond the facial term of the written ASA, concluded applicant materially caused and substantially contributed to Nautel's sales to VOV, and ordered commission at 10% of the invoiced gross amounts (commercial practice and prior correspondence supporting a 10% measure); alternatively quantum meruit/unjust enrichment would apply.

Source excerpt

• Commission dispute
• Agency agreement
• Quantum meruit
• Termination of agency
• Prejudgment interest
• Credibility findings

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Liu v. Hao

Court

Court of Appeal for Ontario

Ontario Court of Appeal dismissed an appeal from summary judgment holding the appellants liable for misapplied mortgage-investment funds, and denied leave on costs.

• Summary judgment
• Agency/ostensible authority
• Joint and several liability
• Punitive damages
• Professional conflict of interest
• Misapplication of trust funds

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Fortus Group Inc. v Hawboldt Industries Ltd.

Court

Nova Scotia Small Claims Court

The claimant acted as agent, not as carrier, and fulfilled its contractual obligations including arranging shipment, prepaying the forwarder, arranging return delivery, and filing a claim with the carrier; there was insufficient evidence to attribute the cargo damage to the claimant's conduct or packaging, and the claimant is therefore entitled to the unpaid invoice of $6,685.29 CAD while the defendant's counterclaim for repair and related costs is dismissed.

Source excerpt

• Freight brokerage
• Carrier liability
• Bill of lading
• Breach of contract
• Claims handling
• Packaging and causation

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Homax Real Estate Services v. Arde

Court

Supreme Court of British Columbia

The court dismissed a judicial review challenging an RTB award against a property manager under s. 51(2) of the Residential Tenancy Act, finding the agent could be liable as “landlord.”

• S.51(2) compensation
• Definition of landlord
• Service of dispute notice
• Privity of contract
• Standard of review (patently unreasonable)
• Residential-tenancy

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Grant Thornton LLP v. Interior Equities Corp.

Court

British Columbia Court of Appeal

The Court of Appeal upheld dismissal of an application to strike a third party notice, holding it was not plain and obvious that the accountant’s conduct could only be raised as a defence or that agency existed.

• Third party notice
• Agency relationship
• Duty of care
• S.4 contribution and indemnity
• Rule 9-5 strike application
• Plain and obvious test

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Mac’s Convenience Stores Inc. v. Basyal

Court

British Columbia Court of Appeal

Court of Appeal reviewed agency, vicarious liability, and mitigation issues in a class action about temporary foreign workers and recruitment fees.

• Actual authority
• Apparent authority
• Duty to mitigate
• Fixed-term employment contracts
• Temporary foreign workers program
• Vicarious liability for fiduciary breach

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Diamant Cleaning Vancouver Inc. v. Kindred Construction Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Diamant Cleaning’s appeal and fresh-evidence application, holding the mutual release binding and counsel authorized to settle.

• Mutual release
• Ostensible authority
• Settlement agreements
• Fresh evidence (palmer test)
• Duress
• Unconscionability

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