Canada Case Law

Lamons v. Boston

Court

Supreme Court of British Columbia

The student loan obtained in 2017-2018 was principally used for family living expenses and therefore constitutes family debt divisible between the parties; the respondent is liable for one half of the divisible student loan and related overpayments, and the court will order specified equalization and division of benefits while declining to infer that the respondent converted the 2018 transfer into a nonfamily asset remaining at separation absent adequate evidence.

Source excerpt

• Equalization
• Student loan as family debt
• Adverse inference for non-disclosure
• Workers' compensation benefits
• Cpp pension equalization
• Costs

Read case analysis

Morfund Financial Inc. v. Tilray Brands Inc.

Court

Supreme Court of British Columbia

The court dismissed the defendants’ summary trial application in a commercial financing dispute, finding the issues too complex and factually contested for summary resolution.

• Breach of contract
• Unjust enrichment
• Non-circumvention covenant
• Agency and authority
• Contractual interpretation
• Summary trial suitability

Read case analysis

Ramos v. South Coast British Columbia Transportation Authority

Court

Supreme Court of British Columbia

On summary trial, the court held Translink liable for a trip-and-fall at Port Coquitlam station where grass obscured a ramp edge, awarding damages and costs.

• Duty of care
• Breach of duty
• Foreseeability
• Abatement/maintenance
• Contributory negligence
• Causation

Read case analysis

Beishuizen v. Dilon

Court

Supreme Court of British Columbia

Summary trial over unpaid loans: the court found Beishuizen’s claim was preserved by forbearance, upheld Yoshikawa’s loan but read down the interest, and dismissed SAGI’s setoff claim.

• Forbearance
• Promissory note enforcement
• Limitation period discovery
• Illegal interest/read-down under criminal code s.347
• Equitable setoff
• Suitability for summary trial

Read case analysis

Kolny (Litigation Guardian of) v. Moghaddam

Court

Supreme Court of British Columbia

The court found a valid certificate of incapacity, held the PGT had authority over the property, and ordered the defendant to vacate and stay out.

• Capacity
• Certificate of incapacity
• Statutory property guardian
• Power of attorney suspension
• Injunction
• Mesne profits/occupational rent

Read case analysis

Sandhu v. New Western Plumbing & Lighting Supplies Ltd.

Court

Supreme Court of British Columbia

The court held the plaintiff’s builders lien was filed out of time, discharged it against funds paid into court, ordered rateable distribution, and imposed costs and a $3,000 penalty.

• Timeliness of builders lien
• Discharge of lien
• Costs and damages for wrongful lien (s.19)
• Penalty for false lien (s.45)
• Substantial completion and abandonment
• Priority of creditors

Read case analysis

Graymar Equipment (2008) Inc. v. Cosco Pacific Shipping Ltd.

Court

Federal Court

Federal Court summary-trial judgment in an admiralty collision case, allowing repair, business interruption and staffing losses in part, with interest and joint liability orders.

• Damage to property
• Business interruption
• Pre-judgment interest
• Standing
• Joint and several liability
• Admiralty-law

Read case analysis

Peng v. Wang

Court

Supreme Court of British Columbia

The court dismissed a summary trial application in a dispute over alleged misrepresentations, fiduciary duties and a failed strata-lot purchase, finding credibility and intertwined issues required a full trial.

• Fraudulent misrepresentation
• Breach of fiduciary duty
• Conflict of interest
• Mode of trial (rule 9-7)
• Foreclosure/mortgage
• Summary-trial

Read case analysis

AME Distribution Inc. v. Wang

Court

Supreme Court of British Columbia

Summary trial over a verbal machine-upgrade contract. The court held the defendant breached the agreement and, as bailee for reward, failed to protect the machines outdoors.

• Breach of contract
• Storage and repair work
• Bailee's duty of care
• Suitability for summary trial
• Admissions in pleadings
• Repairer's lien

Read case analysis

Kemp v. Vancouver Coastal Health Authority Ltd.

Court

British Columbia Court of Appeal

Court of Appeal upheld summary dismissal of negligence claims and fresh-evidence rulings, but allowed Dr. Sweet’s appeal because resuscitation was consented to, defeating battery and related shock claims.

• Causation
• Standard of care
• Nervous shock (psychiatric injury)
• Implied consent
• Palmer fresh evidence criteria
• Proportionality in summary disposition

Read case analysis