Canada Case Law

Steinberg v. Adderley

Court

Court of Appeal for Ontario

The appeal is allowed and the motion judge's reduction of interest was set aside because the judge expressly found the loan transactions were not unconscionable; UTRA authorizes relief only upon a finding of harsh and unconscionable transactions; COVID-19 delay cannot independently justify rewriting contractually agreed interest and relying on that ground when it was not argued below was procedurally unfair.

Source excerpt

• Litigation loans
• Unconscionability
• Interest charges
• Unconscionable transactions relief act
• Procedural fairness
• Contract interpretation

Read case analysis

Location Access Credit Inc v. Eisnor

Court

Nova Scotia Small Claims Court

The claim was discovered on February 10, 2017 when the defendant expressly refused to make further lease payments and invited repossession; all elements of a cause of action existed then, so the two-year limitation period began on that date, expired February 11, 2019, and the action commenced April 5, 2019 is time-barred and must be dismissed.

Source excerpt

• Lease-to-purchase
• Limitation period
• Discoverability
• Breach of lease

Read case analysis

Jiang v. Peoples Trust Company

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia dismissed a class-action notice approval application, finding the proposed notice unclear and ineffective, and granted leave to reapply.

• Notice of certification
• Notice content and dissemination
• Opt-in/opt-out rules
• Choice of law/jurisdiction clauses
• Judicial approval of settlement notice
• Class-actions

Read case analysis

Bank of Montreal v. LeBlanc

Court

Nova Scotia Small Claims Court

Claimant failed to prove statutory service of the s.60 notices by registered mail; that breach limited the claimant’s recovery by precluding interest and repossession costs flowing from the defective notice and required damages and valuation adjustments, resulting in a reduced deficiency judgment based on the best evidence of the vehicle’s value and an award for defendants' lost property adjusted for depreciation.

Source excerpt

• Notice of disposition
• Deficiency judgment
• Commercially reasonable sale
• Damages for improper notice
• Counterclaim for losses to personal property

Read case analysis

Nova Credit Union Ltd. v. Dunn

Court

Nova Scotia Small Claims Court

Adjudicator found no evidence of misrepresentation, dishonesty or bad faith; documentation was provided and the experienced lender's explanation was credible; there was no ambiguity in the written guarantee, so parole evidence did not vary the contract; therefore the personal guarantee was enforceable and judgment entered for the full claimed amount plus costs.

Source excerpt

• Personal guarantee
• Loan guarantee program
• Misrepresentation
• Good faith
• Disclosure

Read case analysis

Bodnar v. The Cash Store

Court

Supreme Court of British Columbia

The court approved certification notice in a class action over payday and title loans, rejecting defendants’ proposed warning about possible costs in later individual claims.

• Certification notice
• S.19 class proceedings act
• S.20 notice after common issues
• S.37 costs against individual class members
• Opt-out decision
• Individual claims process

Read case analysis

Bodnar v. 367463 Alberta Ltd.

Court

British Columbia Court of Appeal

Leave to appeal from an interlocutory joinder order was dismissed. The court held the appellants had not shown an arguable merits case or improper exercise of discretion.

• Joinder
• Rule 15(5)(a)(iii)
• Leave to appeal
• Tracing (law and equity)
• Certification
• Criminal code s.347

Read case analysis

Griffith v. Bank of Nova Scotia et al

Court

Supreme Court of British Columbia

The court dismissed the Griffiths’ misrepresentation claims, upheld Scotia Mortgage’s interest charge, and granted BNS judgment for the outstanding loan balance.

• Misrepresentation
• Personal guarantee
• Discharge of mortgage
• Payout figures
• Debt recovery
• Costs

Read case analysis