Canada Case Law

Swimm v. Swimm

Court

Supreme Court of Nova Scotia

Avive is a business asset. Evidence, including credible testimony and reasonable inferences, established that matrimonial assets were likely exposed as collateral for Avive loans and that Respondent's involvement and resulting financial interest in Avive flowed substantially from his relationship with Applicant. Applying s.18 (direct contribution and risk) and s.13 factors (date/manner of acquisition, household contributions, financial support and risk to children and matrimonial assets), the court awarded Applicant a 40% share of Respondent's financial interest in Avive as just and proportio…

Source excerpt

• Division of matrimonial assets
• Business asset classification
• Matrimonial property act s.13
• Matrimonial property act s.18
• Credibility and inferences

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Karras v. Wizedemy Inc.

Court

British Columbia Court of Appeal

The Court of Appeal upheld an interlocutory injunction enforcing a non-competition clause, but varied the order so it matched the clause’s narrower scope.

• Non-competition clause
• Interlocutory injunction
• Irreparable harm
• Balance of convenience
• Contract interpretation
• Fresh evidence

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Rapid Camp Ltd. v. Dalhousie University

Court

Supreme Court of Nova Scotia

Security for costs was ordered because Rapid Camp is a dormant corporation reinstated solely to pursue this litigation, has no assets or income, failed to rebut the presumption in Rule 45.02(3)(c), and on a balancing of access to justice against the unfairness of insulating the plaintiff from risk of costs it would be unjust to proceed without security; the court ordered security of $50,000 to each of two aligned defendant groups (total $100,000), allowed parties to agree on form of security and otherwise required payment into court by May 15, 2024, and denied additional costs on the motion.

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• Security for costs
• Fiduciary duty
• Negligent misrepresentation
• Breach of confidence
• Misuse of proprietary information
• Intentional interference

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Howatt v. Behan

Court

Supreme Court of Nova Scotia

The plaintiffs failed to establish material negligent misrepresentation or reasonable reliance: the CBDC loan condition and refinancing obligations were set out in the Agreement and CBDC policy precluded a simple transfer of the loan; plaintiffs sought a larger refinancing amount and did not perfect the application. Inventory shortfall was not proven with reliable evidence. Accordingly plaintiffs' claims are dismissed and defendants' counterclaim for the promissory note and CBDC amount paid by the seller is allowed, resulting in a payable judgment for the amounts found owing.

Source excerpt

• Negligent misrepresentation
• Breach of contract
• Promissory note enforcement
• Share sale vs asset sale
• Loan refinancing
• Inventory valuation dispute

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Perron v. IG Image Group Inc.

Court

Supreme Court of British Columbia

Employment and tort claims dismissed after the court found no constructive dismissal, no breach of account-protection terms, and no unlawful interference.

• Constructive dismissal
• Client protection and account allocation
• Good faith/honest performance in contract
• Conspiracy
• Inducing breach of contract
• Intentional interference with economic relations

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TNT Teens Now Talk Magazine Publishing Inc. v. HFX Broadcasting Inc.

Court

Nova Scotia Small Claims Court

The court found the parties' contract, read as a whole and informed by oral evidence and past practice, treated the 2015 cash payment as an advance for the remote broadcast; the defendant's change of format frustrated the contract such that the claimant was entitled to recovery of the prepaid amount of $2,754.02 plus specified costs.

Source excerpt

• Frustration of contract
• Breach of contract
• Refunds
• Advertising agreements
• Barter arrangements

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Zen v. Readhead

Court

Supreme Court of British Columbia

The court found the collision caused most of Mr. Zen’s ongoing injuries, awarded damages for pain, care and income loss, and excluded hearing loss and a left knee claim.

• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Future care
• Special damages
• Credibility assessment

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Jessy's Pizza (Bedford) v. Economical Mutual Insurance Company

Court

Nova Scotia Small Claims Court

The adjudicator found that the vandalism‑caused oil spill and fumes produced direct physical damage to the tenant improvements (floor) and rendered the premises untenable, satisfying the policy requirement for direct physical loss or damage and thus triggering business interruption coverage; the work‑performed exclusion did not apply because the floor was removed (not being repaired), ambiguity in policy wording was resolved for the claimant, and relief from forfeiture was granted for failure to file a Proof of Loss; damages were assessed but limited by the Small Claims Court ceiling, resulti…

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• Business interruption
• Policy interpretation
• Coverage exclusions
• Relief from forfeiture
• Quantum of damages

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Boyd v. McDermott

Court

Supreme Court of British Columbia

The court dismissed a claim over an alleged oral sale of a physiotherapy clinic, finding no binding contract because financing terms were never agreed.

• Specific performance
• Breach of contract
• Formation of contract
• Sale of business
• Financing arrangements
• Mitigation of damages

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Knowlan v. Trailmobile Parts & Services Canada Ltd.

Court

Supreme Court of British Columbia

The court dismissed a wrongful dismissal claim after finding the employee secretly used his position and employer information to set up a competing business.

• Wrongful dismissal
• Constructive dismissal
• Just cause for termination
• Breach of fiduciary duty/duty of loyalty
• Misuse of confidential information/customer lists
• Post-employment competition

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