Canada Case Law

Schwartz v. HRM

Court

Supreme Court of Nova Scotia

The application for judicial review was dismissed because the applicant did not prove the Development Officer lacked authority nor that the decisions were unreasonable under Vavilov; the applicant's public interest argument did not justify deviation from ordinary costs rules; the court awarded costs to respondents, indemnifying CICI 55% of its proven legal costs ($16,880) and awarding HRM $5,000, finding Tariff C inadequate to fully compensate CICI's actual costs.

Source excerpt

• Development agreement amendments
• Judicial review standard of review (reasonableness)
• Authority of development officers
• Costs awards and indemnity
• Public interest litigation

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L.F. Management and Investment S.A.R.L. v. The King

Court

Tax Court of Canada

The Court exercised its discretion under Rule 147 to award LFMI a reasonable partial indemnity contribution of $575,000 toward legal fees after concluding LFMI was successful and that the amount in issue, importance, volume and complexity of the matters justified an enhanced award; the Court used $1,382,238 as the reasonable fee base (deducting student-at-law fees) and determined $575,000 was a fair contribution, disallowed the Heuristica discovery counsel fee of $77,678.29 as an embedded legal fee within disbursements, and remitted other disbursements to the taxing officer for assessment.

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• Part xiii withholding tax
• Beneficial ownership
• General anti-avoidance rule (gaar)
• Costs and disbursements
• Treaty interpretation
• Share-lending arrangements

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Pan v. Dong

Court

Supreme Court of British Columbia

The court dismissed An Dong Pan’s claim against Jing Cai over a failed CAD-to-RMB exchange, finding agency and election principles barred recovery and fraud was not proved.

• Currency exchange transactions
• Alternative liability (principal-agent)
• Negligent misrepresentation
• Fraudulent misrepresentation
• Default judgment
• Credibility

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Swift v. Nazaroff

Court

Supreme Court of British Columbia

Costs reasons in an estate and real property petition. The court awarded costs to the successful respondents, including Wallace Nazaroff through his litigation guardian, and rejected estate indemnity.

• Life estate vs licence
• Litigation guardian obligations
• Costs entitlement under rules
• Right of survivorship
• Will interpretation
• Costs

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Nekaneet First Nation v. Louison

Court

Federal Court

The Federal Court awarded $5,000 in costs against Shauna Buffalocalf and refused to let the applicants recover their legal fees from Nekaneet First Nation.

• Judicial review
• Costs
• First nation governance
• Election disputes
• Nekaneet governance act section 16.04
• Rule 420 (offers to settle)

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Rawlins v. Rawlins

Court

Supreme Court of British Columbia

The court held the plaintiff was the successful party in a wills variation and unjust enrichment case, awarded tariff costs at Scale B, and refused apportionment.

• Wills variation
• Unjust enrichment
• Constructive trust
• Costs and apportionment
• Settlement offers
• Wills-variation

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Whitford v. Chakita

Court

Federal Court of Appeal

All five appeals were dismissed and the court exercised its discretion to award lump sum costs by reference to Tariff B Column IV (not Column V), doubling certain units under Rule 420 for unaccepted settlement offers, disallowing items related to interlocutory motions and duplicative steps, and allocating specific sums: $21,674.37 to Whitford and Moosomin (payable jointly and severally by Wuttunee, Nicotine and RPFN) for A-121-22 and A-126-22; $26,422.42 to Whitford and Moosomin (payable jointly and severally by Wuttunee and Nicotine) for A-97-22 and A-98-22; and $1,000 to the Other Councillo…

Source excerpt

• First nation elections act
• Election annulment
• Serious electoral fraud
• Costs awards
• Security for costs
• Federal courts rules tariff b

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Fairleigh v. Grieser

Court

Supreme Court of British Columbia

The court held the claimant was substantially successful in this family case and awarded ordinary costs, but refused double costs because the settlement offer need not have been accepted.

• Costs
• Offer to settle
• Double costs
• Enforceability of agreements
• Parenting arrangements
• Residence of child

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Burr v. Tecumseh Products of Canada Limited

Court

Court of Appeal for Ontario

The Court of Appeal upheld the trial judge’s finding that Venmar was negligent in selecting an inappropriate motor and failing to ensure system-level protection (one-shot thermal protector and overcurrent protection) for an unattended ventilator; it dismissed the claim that Venmar breached its duty to warn post-sale; it held that Fasco, as a parts supplier, owed no duty of care to the end users on the facts and that the parties’ contract contained a valid indemnity obliging Venmar to indemnify Fasco if Fasco were found liable; the costs issue was remitted because the trial judge failed to mea…

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• Duty of care
• Negligent design
• Duty to warn
• Contractual indemnity
• Costs assessment
• Learned intermediary

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Catalyst Pharmaceuticals, Inc. v. Canada (Attorney General)

Court

Federal Court

La Cour fédérale a fixé des dépens forfaitaires à 25 % des frais juridiques, plus taxes et débours réduits, dans ce contrôle judiciaire complexe.

• Costs
• Lump sum costs
• Tariff b
• Judicial review
• Data protection (pharmaceuticals)
• Food and drug regulations c.08.004.1(3)

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