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Canada Case Law

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Contract law 2018 BCCA 226

Redekop v. Okanagan Mainline Real Estate Board

The Court of Appeal dismissed Mr. Redekop’s appeal, holding the Board’s disciplinary process was fair and the impugned regulations were not invalid.

  • Procedural fairness in disciplinary hearings
  • Disciplinary procedure of voluntary associations
  • Validity of internal regulations
  • Bias and impartiality
  • Notice and particulars
  • Standard of review
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Administrative law 2007 BCSC 467

Chaudhary v. The Canadian Society of Respiratory Therapists

The court held that the CSRT lacked jurisdiction to continue disciplinary proceedings against a former member after its bylaws were amended.

  • Jurisdiction of voluntary associations
  • Retroactivity and vested rights
  • Interpretation of bylaws
  • Contra proferentem
  • Admissibility of extrinsic evidence
  • Jurisdiction-of-voluntary-associations
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Property law 2006 BCSC 946

Guy v. Kent

The court set aside an order nisi for foreclosure, holding the respondent had no registrable interest in the holiday park land and the registered owner was not joined.

  • Order nisi
  • Foreclosure
  • Unenforceable mortgage
  • Unregistered interest
  • Membership rights in holiday parks
  • Joinder of parties
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Association law 2006 BCSC 364

Junior Baseball Assn. et al v. B.C. Amateur Baseball Assn.

The court held that only member organizations’ votes count on BCABA bylaw changes, and only authorized representatives of member organizations count toward quorum.

  • Bylaw interpretation
  • Voting rights
  • Quorum determination
  • Delegate voting
  • Special resolution
  • Bylaw-interpretation
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Commercial law [1961] SCR 418

Vancouver Real Estate Board v. Moscrop Realty Limited

The Supreme Court of Canada dismissed an appeal over Moscrop Realty Limited’s expulsion from a real estate board, leaving in place a new trial limited to damages.

  • Expulsion of member
  • By-law interpretation
  • Natural justice
  • Damages assessment
  • Membership rights
  • Expulsion-of-member
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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.