Canada Case Law

Glanz v. Hooker

Court

Supreme Court of British Columbia

Trial judge found plaintiff's accounts internally inconsistent and inherently implausible, and materially contradicted by credible third‑party witnesses (particularly Mendel and Boyetchko) who described prolonged consensual interactions; on balance of probabilities first touching was consensual and second violent battery was not proven; further, even assuming liability, medical evidence did not establish on a balance of probabilities that the alleged second battery caused the claimed concussion/epilepsy; claim therefore dismissed.

Source excerpt

• Assault
• Battery
• Sexual battery
• Consent
• Causation
• Credibility and reliability

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Burelle v. Miller

Court

Supreme Court of British Columbia

The plaintiffs failed to prove an oral promise to gift the Black Creek Property to Meeka, and their proprietary estoppel, contract, and unjust enrichment claims were dismissed.

• Proprietary estoppel
• Constructive trust
• Unjust enrichment
• Specific performance
• Will drafting/curing
• Credibility and evidence assessment

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Chan v. Tran

Court

Supreme Court of British Columbia

The court found the parties were not spouses under the Family Law Act, ordered an accounting over the MacPherson Property, and addressed the engagement ring.

• Marriage-like relationship
• Cohabitation
• Resulting trust
• Express trust
• Engagement ring conditional gift
• Accounting

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Rudolph v. The King

Court

Tax Court of Canada

Court accepted Keltic corporate records and credible testimony that the transfer of 910,000 shares to Mumsco took effect on March 4, 2008; on the facts (numerous targeted acquisitions, short holding period of the additional shares, speculative nature of Keltic shares, financing structure where Mumsco advanced funds and appellant used them to acquire shares to be transferred back), the profit of $966,105.26 is business income because appellant was engaged in an adventure in the nature of trade; the $548,600 loss from expired options is income in nature; appellant's interest evidence was inadmi…

Source excerpt

• Characterization of receipts (income vs capital)
• Stock options
• Interest deductibility under s.20(1)(c)
• Discovery obligations (tax court rules s.98)
• Reassessments and loss carryforwards

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Panneton v. The King

Court

Tax Court of Canada

The Tax Court dismissed Diane Panneton’s appeal, holding that payments made through corporations controlled by her spouse constituted an indirect transfer under section 160.

• Section 160 transfers to spouse
• Indirect transfer doctrine
• Corporate separate legal personality
• Adverse inference from absence of witness
• Credibility assessment
• Section-160

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Beardwood v. Hamilton (City)

Court

Court of Appeal for Ontario

The City failed to discharge its onus under s.44(3)(c) because the only measurement evidence was speculative (the appellant's expert's adjusted range) or lacked foundational testimony (photographic "ruler" evidence); the trial judge erred in averaging speculative figures and accepting unproven photographic measurements, and also erred in apportioning 50% contributory negligence; accordingly the appeal is allowed, the statutory defence fails, the respondent is 100% at fault, and judgment for damages and interest is entered for the appellant as assessed at trial.

Source excerpt

• Municipal act s.44(3)(c)
• Minimum maintenance standards (mms)
• Statutory defence
• Contributory negligence
• Causation
• Expert evidence

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Dunn v. British Columbia (Securities Commission)

Court

British Columbia Court of Appeal

Leave to appeal was granted in a challenge to a BC Securities Commission asset preservation order. The court found a novel statutory interpretation issue and arguable merit.

• Asset preservation orders
• Freeze orders
• Evidentiary burden for interim orders
• Leave to appeal
• Standard of review
• Leave-to-appeal

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SHH Holdings Limited v. Philip

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia awarded special costs jointly and severally against Timothy Durkin, Rodger Gregory, and the corporate plaintiffs, with quantum to be assessed by the registrar.

• Special costs
• Misconduct and reprehensible conduct
• Assessment of costs
• Perjury and false evidence
• Fraud on the court
• Injunctions

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Grewal v. Bal

Court

Supreme Court of British Columbia

The court dismissed a joint desk-order application to annul a marriage, finding no evidentiary basis for annulment and noting the procedural requirements were not met.

• Annulment
• Void vs voidable marriage
• Failure to consummate
• Burden of proof
• Desk order procedure (rule 10-10)
• Registrar certificate (form f36)

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Robledano v. Jacinto

Court

Supreme Court of British Columbia

The court found Maria Angeles Robledano and Barbara Jacinto were in a marriage-like relationship and declared Maria the surviving spouse under WESA.

• Presumption of revocation
• Definition of spouse under wesa
• Marriage-like relationship
• Wesa s.58 curative orders
• Probate in solemn form
• Hearsay/principled approach

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