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Canada Case Law

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International treaty law 2025 FC 110

Brink's Inc. v. Air Canada

The Federal Court held Brink’s did not make a special declaration of interest or pay a supplementary sum under Article 22(3) of the Montreal Convention.

  • Montreal convention
  • Limit of liability
  • Article 22(3)
  • Special declaration of interest
  • Declared value for carriage vs customs value
  • Supplementary sum
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Civil litigation 2023 BCSC 1967

Accurate Material Testing Ltd. v. Keshavarzi

The court refused special costs on a costs application after an interim injunction hearing, finding the plaintiff’s affidavit errors were not reprehensible conduct.

  • Special costs
  • Interlocutory injunctions
  • Confidential information
  • Exclusivity of commercial relationships
  • Post-termination restrictions
  • Misleading or false affidavit evidence
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Bankruptcy and insolvency 2023 BCSC 977

PaySlate Inc. (Re)

The Supreme Court of British Columbia approved an amended reverse vesting order for PaySlate Inc., validated service, increased DIP financing, and extended the stay.

  • Reverse vesting order
  • Asset vesting order
  • Sale and investment solicitation process (sisp)
  • Dip financing
  • Releases and indemnities
  • Sr&ed tax attributes
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Civil procedure 2020 NSSC 232

Ucore Rare Metals Inc. v. IBC Advanced Technologies Inc.

The contempt motion was dismissed because the interlocutory injunction did not, on its plain wording or on the record, clearly and unequivocally enjoin the defendants from prosecuting a summary judgment motion in Utah; the amendment motion was allowed because the proposed addition of the selling shareholders was not made in bad faith, no uncompensable prejudice was demonstrated and it is appropriate that all signatories to the Option Agreement be before the court.

  • Interlocutory injunction
  • Contempt
  • Amendment of pleadings
  • Anti-suit injunction
  • Jurisdiction
  • Parallel proceedings
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Bankruptcy law 2015 BCCA 500

Home Hardware Stores Limited v. R Home Supply Centre Ltd.

The Court of Appeal dismissed appeals from an order nisi of foreclosure and a bankruptcy order, rejecting equitable set-off and upholding the Bank’s s. 43 BIA standing.

  • Equitable set-off
  • Order nisi of foreclosure
  • S.43 bankruptcy and insolvency act standing and valuation
  • Discretionary relief
  • Proof and quantification of debt
  • Equitable-set-off
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Tax law 2012 TCC 94

Drouin v. The Queen

Applying Mohan, the Court admitted Gagnon's testimony on management/franchising and Ouellet's strategic marketing evidence because each had demonstrable specialized knowledge beyond the trier of fact and their testimony met necessity and relevance; the Court excluded Goulet's business valuation evidence because it relied materially on unproven, unidentified third‑party technical input (undermining reliability and probative value) and thus failed the reliability/cost‑benefit exercise under Mohan; finally, the Court held the seven franchisee/financial advisor witnesses' testimony admissible as…

  • Admissibility of expert evidence
  • Mohan test
  • Business valuation
  • Fair market value
  • Sham transactions
  • Similar fact evidence
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Real estate law 2009 BCCA 224

Sharbern Holding Inc. v. Vancouver Airport Centre Ltd.

The Court held that deemed reliance under s. 75 of the Real Estate Act is rebuttable, and it allowed the appeal on conflict and fiduciary-duty issues while upholding the finding on financial projections.

  • Deemed reliance under prospectus statute
  • Rebuttable presumption
  • Conflict of interest
  • Fiduciary duty
  • Negligent misrepresentation
  • Financial projections and disclosure
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Evidence 2007 BCSC 1265

The Owners et al v. Homer Street et al v. O'Neill Hotels et al

Mid-trial evidentiary ruling admitting most meeting memoranda as business records, with three excluded for delay or non-attendance.

  • Business records
  • Hearsay
  • Past recollection recorded
  • Admissibility of documents
  • Evidence act s.42
  • Common law hearsay exceptions
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Insolvency 2006 BCSC 984

Cox v. Crystal Graphite Corporation et al

The court approved a receiver-manager’s sale of Canada Pumice Corporation assets to Brian Wear, finding his conditional offer produced the best net recovery.

  • Court-approved sale by receiver
  • Best price versus process integrity
  • Conditional versus unconditional offers
  • Assignment of mineral/mining rights
  • Duty to consult
  • Receiver-sale-approval
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.