Canada Case Law

Leyland v. Peck

Court

Nova Scotia Small Claims Court

The claimant's claim was dismissed for non-appearance with notice and no adjournment requested; the defendant's counterclaim was dismissed because the claimant did not establish an adequate evidentiary foundation for claimed reputational losses and lost revenue, and the InspectR insurance deductible was not recoverable under the Small Claims Court Act and Regulations which preclude awarding agent or barrister fees or analogous legal-support costs.

Source excerpt

• Building inspection
• Breach of contract
• Counterclaim
• Reputational damage
• Insurance deductible
• Evidentiary foundation

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Stein v. PS Motors Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from judicial review of a Civil Resolution Tribunal decision about vehicle repair damage, finding no reviewable error or procedural unfairness.

• Judicial review
• Standard of review - reasonableness
• Procedural fairness
• Credibility findings
• Tribunal jurisdiction and discretion
• Deference to tribunal factfinding

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Gent v. Askanda Business Services Ltd.

Court

Supreme Court of British Columbia

The court found the employee did not clearly resign, held the failure to recall him after layoff was wrongful dismissal, and awarded six months’ notice.

• Wrongful dismissal
• Resignation
• Temporary layoff
• Reasonable notice
• Termination date
• Punitive damages

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Ali v. Abu-Laban

Court

Supreme Court of British Columbia

The court found an emergency physician breached the standard of care by not following up a radiology report, causing delayed diagnosis and mental injury, with damages reduced for contributory negligence.

• Standard of care
• Causation (but for)
• Contributory negligence
• Non-pecuniary damages
• Past loss of earning capacity
• Mental injury

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K.H.C. v. Scheirer

Court

Supreme Court of British Columbia

The court found the defendant liable for sexual battery and awarded non-pecuniary, punitive and future care damages after relying on the prior criminal conviction.

• Sexual battery
• Non-pecuniary damages
• Aggravated damages
• Punitive damages
• Future care costs
• Issue estoppel/comity

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J.F. v. B.A.

Court

Supreme Court of Nova Scotia

The Court found the Respondent's public social‑media posts were electronic communications that, cumulatively and repeatedly, were likely to cause harm to the Applicant's health or well‑being and were made with malicious intent or recklessness; statutory defences under s.7 were not established; the material constituted a continuing series of acts extending into 2023 so limitation did not bar relief; having regard to s.6 factors the Court declared the communications cyber‑bullying, ordered takedown and injunctive relief, and awarded $70,000 general damages and $15,000 punitive damages (total $8…

Source excerpt

• Non‑consensual sharing of intimate images
• Publication ban for minors
• Statutory defences under s.7
• Limitation periods and continuous acts
• Injunctive takedown orders
• Assessment of general and punitive damages

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Oakley v. Bounty Print Limited

Court

Supreme Court of Nova Scotia

Applying Bardal factors and pandemic context, 24 months is reasonable notice; objectively, Plaintiff failed to mitigate by refusing a reasonably comparable external offer (ADR) and by declining a genuine recall to his former job, therefore damages in lieu of notice terminate as of May 2, 2022; Defendants breached statutory and fiduciary duties by failing to issue a Statement of Termination under the Pension Benefits Act and Plaintiff is entitled to consequential recovery of reasonable legal fees incurred before the Deputy Superintendent; Plaintiff failed to prove loss in pension value and fai…

Source excerpt

• Wrongful dismissal
• Mitigation of damages
• Reasonable notice
• Pension benefits administration
• Breach of fiduciary duty
• Aggravated damages

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Ari v. Insurance Corporation of British Columbia

Court

Supreme Court of British Columbia

The court awarded class-wide non-pecuniary damages of $15,000 per member for a serious Privacy Act breach by an ICBC employee and approved class counsel fees and a representative honorarium.

• Breach of privacy
• Privacy act r.s.b.c. 1996 c. 373
• Aggregate general damages
• Class counsel fee assessment
• Representative plaintiff remuneration
• Privacy-act

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Galdamez v. Brar

Court

Supreme Court of British Columbia

Trial judgment from a British Columbia motor vehicle accident case awarding damages for chronic pain, cognitive injury, future earning loss, and future care.

• Non-pecuniary damages
• Future loss of earning capacity
• Future care costs
• Causation
• Credibility
• Non-pecuniary-damages

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Emami v. Giovannetti

Court

Nova Scotia Small Claims Court

There was a binding verbal contract and the Defendant breached it by refusing to complete delivery from Memphis to Scottsdale; however both parties were equally at fault (50/50) due to the Claimant's conduct and failure to mitigate, so damages were assessed and apportioned accordingly resulting in a partial recovery for the Claimant.

Source excerpt

• Formation of contract
• Breach of contract
• Remoteness/foreseeability of damages
• Mitigation of damages
• Contributory negligence/apportionment
• Damages assessment

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