Canada Case Law

Clarity Architectural Products Inc. v. Gryphon Corporate Construction Ltd.

Court

Supreme Court of British Columbia

The defendant's conduct (direction to pause, non-payment of the Second Invoice, failure to return shop drawings, and engaging a replacement subcontractor while leaving the subcontractor under the impression work would continue) objectively amounted to repudiation of the Subcontract; the plaintiff validly accepted that repudiation by June 12, 2024; therefore the plaintiff is entitled to expectation damages rather than the limited recovery available under a prospective termination for convenience. Damages awarded consist of the unpaid Second Invoice ($664,071.46) recoverable as a debt and under…

Source excerpt

• Repudiation
• Termination for convenience
• Expectation damages
• Interest
• Honest performance/good faith
• Mediation default

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Ouellette v. Nguyen

Court

Supreme Court of British Columbia

Costs assessment following settlement of three joined motor vehicle actions. The registrar applied the offer-to-settle date, allowed some claimed units and disbursements, and disallowed many unsupported defence disbursements.

• Costs assessment
• Offer to settle
• Apportionment between joined actions
• Necessity/propriety/reasonableness of disbursements
• Non-compliance with registrar orders
• Special costs

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Hartling v. Williams

Court

Supreme Court of Nova Scotia

The applicant failed to prove a material change in circumstances or that the proposed week on/week off schedule would be demonstrably better for the child; the parties had already agreed the school district and had chosen mediation as the dispute resolution process which was not exhausted; the child is well adjusted and both parents are significant caregivers, therefore the court will not intervene to vary the consent order and the application is dismissed.

Source excerpt

• Joint custody
• Variation of consent order
• Parenting time schedule
• School district placement
• Change of circumstances
• Costs

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