Canada Case Law

RB v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The appellant wilfully and/or recklessly shared confidential and competitively sensitive supplier pricing and solicited a client for his personal business in breach of the employer's Code of Conduct such that he knew or ought to have known his actions could lead to termination; that misconduct disqualifies him from EI benefits under s.30 of the Employment Insurance Act.

Source excerpt

• Misconduct
• Conflict of interest
• Confidential information
• Employer code of conduct
• Disqualification from benefits

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Mahendran v. 9660143 Canada Inc.

Court

Court of Appeal for Ontario

On the pleaded facts Nationwide was retained by the purchaser's lender and expressly prepared the appraisal for the lender's benefit, did not undertake to provide the appraisal for the appellants or invite their reliance, and the appellants did not plead that they relied on the appraisal; therefore no special relationship or duty of care arose and the third‑party claim discloses no cause of action and was properly struck.

Source excerpt

• Duty of care
• Negligent misrepresentation
• Pleadings - strike/21.01(1)(b)
• Appraisal reliance
• Proximate relationship
• Costs

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Shaw v. 2557617 Nova Scotia Limited

Court

Nova Scotia Small Claims Court

The adjudicator has jurisdiction, under a purposive reading of s.2 of the Small Claims Court Act together with ss.23, to hear an application to set aside an order where a defendant neither filed a defence nor appeared; the appropriate test is a hybrid requiring (1) a reasonable excuse for not filing a defence, (2) a reasonable excuse for not appearing, and (3) that the defendant appeared without unreasonable delay after learning of the order. The defendant failed to show reasonable excuse or lack of delay; therefore the application to set aside is denied and the original order stands.

Source excerpt

• Setting aside judgment
• Default judgment
• Service of claim
• Reasonable excuse
• Delay
• Jurisdiction

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The Owners, Strata Plan LMS 1590 v. Yip

Court

Supreme Court of British Columbia

A commercial strata dispute over Unit 1690 turned on whether selling non-ginseng products breached the approved use. The court found a breach, rejected estoppel and unfairness, and granted declarations.

• Bylaw enforcement
• Change of use
• Restraint of trade
• Estoppel
• Significant unfairness (s.164)
• Injunctive relief

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SCK Motor Company Limited v. Insurance Corporation of British Columbia

Court

Supreme Court of British Columbia

The court held that a leased vehicle could qualify for substitute-vehicle coverage under s. 52, and that ICBC and CDI coverage applied during the 10-day period.

• Substitute vehicle provision
• Owner's certificate
• Grace period for registration
• Coverage under compulsory and excess policies
• Definition of owner
• Insurance-coverage

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Nadeau Poultry Farm - Reasons for Order and contempt Order (public version)

Court

Competition Tribunal

The Interim Order unambiguously required delivery in numbers of live chickens weekly; Westco had knowledge of the order and knowingly supplied fewer, larger birds thereby failing to maintain the status quo in number and size; Westco could have taken steps to comply and did not establish that non-compliance was impossible or excused; contempt proven beyond a reasonable doubt.

Source excerpt

• Refusal to deal
• Interim supply order
• Contempt for breach of order
• Interpretation of orders
• Quota regulation/compliance

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Willson v. Angela Gibson Law Corp.

Court

Supreme Court of British Columbia

The court held that the trust cheques were not unconditional undertakings and, in any event, were delivered subject to condition. The action was dismissed without costs.

• Lawyer's undertaking
• Trust cheque
• Breach of undertaking
• Conditional delivery of funds
• Costs
• Lawyer-undertaking

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Bickert v. Sorci Industries Inc.

Court

British Columbia Court of Appeal

The Court of Appeal upheld an order setting aside a default judgment, finding the chambers judge’s factual findings were supported by the evidence.

• Setting aside default judgment
• Delegation of authority to agent
• Service of process and notice
• Delay and prejudice
• Affidavit evidence
• Default-judgment

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753770 Ontario Inc. v. Rosart

Court

Court of Appeal for Ontario

The Court of Appeal upheld the trial judge: RPI and Douglas Rosart, as managers of the joint venture and point of confidence, owed fiduciary duties to 6 and 5, breached those duties by promoting a power of sale and acquiring the property for themselves, and a constructive trust over the property is the appropriate remedy; appeal dismissed.

Source excerpt

• Fiduciary duty
• Constructive trust
• Conflict of interest
• Joint venture
• Power of sale
• Breach of duty

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VS Visual Statement Inc. v. ICBC

Court

Supreme Court of British Columbia

Costs decision awarding VS Visual Statement Inc. Scale 4 costs for most of a 16-day trial, with reductions for one witness and part of an expert fee.

• Negligent misstatement
• Breach of confidence
• Copyright
• Costs assessment and scale
• Expert evidence
• Disclosure

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