Canada Case Law

Airbnb, Inc. v. Ware

Court

British Columbia Court of Appeal

Court of Appeal: (1) Dismissed Airbnb, Inc.'s appeal of the chambers judge's dismissal of its jurisdictional objection because Airbnb, Inc. contracted with Canadian Guests prior to June 30, 2014, establishing territorial competence; (2) Allowed Airbnb Canada's appeal and dismissed the claim against it because the pleadings and evidence did not establish a real and substantial connection to British Columbia (Airbnb Canada only provided marketing/support under service agreement); (3) Allowed appeal from certification: chambers judge correctly found pleaded causes of action were not plainly boun…

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• Certification under class proceedings act s.4
• Territorial jurisdiction (cjpta)
• Forum non conveniens
• Statutory illegality
• Restitution vs disgorgement
• Preferable procedure analysis

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Shiralian v. Wyldewood Creek Inc.

Court

Court of Appeal for Ontario

The Court of Appeal upheld a limitation of liability clause in a condo purchase agreement, holding it was enforceable and not unconscionable or contrary to the Tarion Addendum.

• Limitation of liability clause
• Enforceability of exclusion clauses
• Unconscionability
• Tarion addendum compliance
• Termination and damages
• Freedom of contract

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Wolfe v. Hyundai Auto Canada Corp.

Court

Supreme Court of British Columbia

The court approved a nationwide class settlement involving alleged ABS module defects in Hyundai and Kia vehicles, along with class counsel fees and a representative honorarium.

• Settlement approval
• Certification for settlement purposes
• Class counsel fees
• Representative plaintiff honorarium
• Distribution protocol
• Vehicle recall and warranty extension

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Munson v. Leon’s Furniture Limited

Court

Supreme Court of British Columbia

La Cour a refusé d’entendre la demande de jugement sommaire avant la certification et a ordonné que les deux requêtes soient entendues ensemble.

• Ordinary price representations
• Misleading representations
• Section 52 competition act
• Section 74.01 competition act
• Sequencing of pre-certification applications
• Summary judgment (rule 9-6)

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Lin v. Uber Canada Inc.

Court

Federal Court of Appeal

The Federal Court of Appeal dismissed the appeal because provincial consumer protection provisions did not apply to preclude enforcement of an arbitration clause in a Federal Court Competition Act proceeding, s.25 FCA argument was not properly pursued and lacks merit, the appellant failed to demonstrate on the record that the arbitration clause was clearly incapable of performance or clearly unconscionable, and competence‑competence requires that arguable challenges to arbitrator jurisdiction and clause validity be decided by the arbitrator; accordingly the stay in favour of arbitration was p…

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• Drip pricing
• Competence‑competence
• Stay in favour of arbitration
• Statutory override
• Section 25 federal courts act
• Incapable of performance

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Airbnb Inc. v. Ware

Court

British Columbia Court of Appeal

Appeal court dismisses Airbnb’s stay application pending appeal from class certification and a jurisdiction ruling, finding no irreparable harm and that the balance of convenience favours proceeding.

• Stay of proceedings
• Certification of class proceeding
• Territorial jurisdiction
• Irreparable harm
• Balance of convenience
• Document production and discovery

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Bower v. Vancouver City Savings Credit Union

Court

Supreme Court of British Columbia

The court dismissed claims for breach of privacy and false credit reporting, finding Vancity’s disclosure and reporting were justified in the mortgage-enforcement context.

• Breach of privacy (privacy act)
• Wilful conduct and claim of right
• False credit reporting
• Interpretation of business practices and consumer protection act
• Mortgage enforcement and foreclosure
• Application of property law act ss.20-24

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Hakimzadehasl v. Silk Road Tours Ltd.

Court

Supreme Court of British Columbia

The court dismissed most of a summary trial application about unauthorized immigration services, but entered judgment for $4,000 on an admitted loan.

• Unauthorized immigration representation
• Illegality of contract
• Deceptive acts and unconscionable practices (bpcpa)
• Breach of contract
• Summary trial suitability
• Remedies and costs

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Sibble v. Google LLC

Court

Supreme Court of British Columbia

The court allowed Google to defer its response pleading until its certification response and dismissed the request for pre-certification production of Google Takeout archives.

• Certification
• Pre-certification production
• Discovery
• Consent
• Data export (google takeout)
• Pleading timelines

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Din v. Oliveira Funeral Services Ltd.

Court

Supreme Court of British Columbia

On a post-trial costs application, the court dismissed special costs but awarded double costs from October 10, 2023 after finding a $10,000 offer was reasonable.

• Special costs
• Double costs
• No-evidence motion (rule 12-5(4))
• Offers to settle (rule 9-1)
• Assessment of party-and-party costs
• Special-costs

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