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The Court of Appeal dismissed a child-support appeal, finding no discernible error in the chambers judge’s order and directing any change-in-circumstances request to the court below.
The British Columbia Court of Appeal dismissed a hospital’s appeal, holding it was open on the evidence to find a breach of the nursing standard of care for not assigning one-to-one supervision.
The Court of Appeal dismissed an occupiers’ liability and negligence appeal arising from a foul-ball injury at a baseball diamond.
The Court of Appeal held the $40,000 truck lease payment was not recoverable, setting aside the award because it was tied to personal injuries or, alternatively, wrongly treated as foreseeable.
On appeal in a family law support dispute, the court set aside the Provincial Court order and directed a new hearing because of legal and jurisdictional errors.
Appeal from a negligence finding against investment advisors in a high-risk options program, with damages reduced by prior gains and fault apportioned 80/20.
The British Columbia Court of Appeal considered whether an employment clause requiring payment if a veterinarian opened a competing practice was a restraint of trade.
The Court of Appeal held the purchaser could validly terminate a real estate agreement when subdivision approval was not obtained by the final contractual date.
The Court dismissed the appeal: the trial judge did not err in finding no causal link between the 2004 accident and the appellant’s rotator cuff tear, properly applied the law on causation and s.113B such that the injuries were minor and general non‑monetary damages were capped, properly found the appellant failed to prove loss of valuable services as a direct economic loss, and his weighing of competing medical evidence was entitled to deference under the applicable standards of review.
Source excerpt
The court allowed the appeal, holding that the sump pump and water ingress were patent issues subject to caveat emptor, so the listing agent and brokerage were not liable.
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