Canada Case Law

North House Foods Ltd. (Re)

Court

Court of Appeal for Ontario

The Court held it lacked an appeal as of right under ss.193(a)-(c) but, given the circumstances and the novelty of appellate consideration of s.50.1(4), granted leave under s.193(e) nunc pro tunc; on the merits the appellant failed to discharge the onus to show its lien against the leasehold interest had realizable value beyond $0, and the motion judge reasonably accepted the proposal trustee’s assessment, so the appeal was dismissed and costs awarded to respondents.

Source excerpt

• S.50.1(4) bia — revision of proposed assessed value of security
• S.193 bia — jurisdiction and leave to appeal
• Construction liens and enforcement against leasehold interests
• Admissibility and weight of proposal trustee reports
• Onus of proof in valuation challenges

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Khela Excavating Ltd. v. Olin

Court

Supreme Court of British Columbia

Action dismissed for want of prosecution after over five years of inactivity and a CPL that prevented the defendant from refinancing and deferring taxes.

• Want of prosecution
• Dismissal for delay
• Certificate of pending litigation
• Removal of charges from title
• Costs
• Want-of-prosecution

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Canadian Imperial Bank of Commerce v. Urbancorp (Leslieville) Developments Inc.

Court

Court of Appeal for Ontario

Clause 7(d)(iii) — mirroring the Tarion Addendum — unambiguously contemplates a financial charge (payment-in-lieu) rather than the conveyance of land; it does not clearly obligate purchasers to pay a proportionate share of the notional value of land conveyed to the municipality, so the Receiver improperly charged the Certain Curzon Purchasers and the appeal is dismissed.

Source excerpt

• Parks levy
• Planning act s.42
• Contract interpretation
• Standard form contracts (tarion addendum)
• Receiver powers
• Contra proferentem

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Allaire Headwater (Cedar Ridge) Residences Ltd. v. Sandziuk

Court

Supreme Court of British Columbia

The court cancelled a builders’ lien for non-compliance with service requirements, but imposed terms to protect the lien claimant and validated the applicant’s service efforts.

• Lien cancellation
• Service validation
• Strict compliance with lien formalities
• Abridgement of time for service
• Leave to set aside
• Lien-cancellation

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Dingwall Estate v. Pellerin

Court

Supreme Court of British Columbia

The court awarded special costs after finding the respondent filed unsupported builders’ liens, ignored a vacant-possession order, and obstructed the sale of the property.

• Special costs
• Builders' lien
• Vacant possession
• Enforcement of court orders
• Jurisdiction
• Special-costs

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Tige Industries Ltd. v. 0763636

Court

Supreme Court of British Columbia

The court refused to cancel subdivision CPLs because 0763636 B.C. Ltd. did not prove the required hardship and inconvenience under the Land Title Act.

• Certificate of pending litigation
• Cancellation of cpl
• Builders lien act
• Promissory note enforcement
• Unjust enrichment
• Hardship and inconvenience test

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Royal Bank of Canada v. 2M Farms Ltd.

Court

Supreme Court of Nova Scotia

The court approved the receiver's sale because the receiver conducted a commercially reasonable and fair marketing process; the sale may proceed with proceeds paid into court to stand in place of the property pending priority determination; foreclosure language in the order must be limited to rights of the debtor and those claiming through it and subsequent encumbrancers must be joined or given notice to be bound; the court will not grant a broad vesting order without statutory authority.

Source excerpt

• Receiver's sale approval
• Commercial reasonableness
• Builder's lien priority
• Foreclosure by receiver vs vesting order
• Payment of proceeds into court

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S.A. v. A.A.

Court

Court of Appeal for Ontario

The Court of Appeal held the trial judge erred in finding duress and in concluding the mortgage was a sham, but correctly found the father failed to prove that the funds used to construct the house were advances under the mortgage (due to intermingled finances and payments through 808276 Ontario Inc.); because the father did not prove advances under the mortgage, the mortgage could not be enforced against the wife and the appeal was dismissed.

Source excerpt

• Duress
• Sham doctrine
• Tracing of funds
• Advances under mortgage
• Enforceability of mortgage
• Priority of construction liens

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Delco Automation Inc. v. Carlo's Electric Limited

Court

Court of Appeal for Ontario

The Court upheld the trial judge's factual findings on contractual scope and damages (no palpable or overriding error) and dismissed CEL's appeals; however, the Court found insufficient evidence that Mr. Fornasier assented to or acquiesced in a s.8 CLA breach and allowed his appeal setting aside personal liability under s.13, and dismissed Delco's cross-appeal that the judgment against him survives bankruptcy under s.178(d) BIA.

Source excerpt

• Scope of work interpretation
• Mitigation of damages
• Spoliation and adverse inference
• Director/officer liability
• S.8 cla trust
• S.13 cla personal liability

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CIBC Mortgages Inc. v. Ravelo

Court

British Columbia Court of Appeal

Application to vary dismissed. The Court of Appeal held there was no basis to interfere with a chambers judge’s refusal of leave to appeal in a foreclosure matter.

• Order absolute of foreclosure
• Writ of possession
• Leave to appeal
• Adjournment discretion
• Priority of registered interests
• Builders lien act s.32

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