Canada Case Law

British Columbia Mainland Cricket Association v. Chowdhury

Court

British Columbia Court of Appeal

The chambers judge committed an error of law by selectively interpreting the Society's purposes (giving undue primacy to fostering/extension) and failing to interpret the repeated phrase 'the game of cricket' holistically with the bylaws and governing rules; read properly the phrase denotes cricket played under ICC/MCC Laws and Rule 10 is a permissible governance/regulatory measure within the Society's purposes and therefore not contrary to the Societies Act; appeal allowed and amended petition dismissed.

Source excerpt

• Ultra vires
• Interpretation of society purposes
• S.104 and s.105 enforcement
• Standing
• Rule validity
• Player eligibility

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Anoroc Holdings Ltd. v. 585582 B.C. Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal held that relitigation of the same issue decided in Anderson (that the Covenant was void for uncertainty) constituted an abuse of process; the chambers judge erred in law by treating differences in evidence as creating a different issue and erred in her alternative exercise of discretion by failing to apply CUPE's rigorous framework; the Disclosure Statement did not meet the threshold for new evidence or justify denying issue preclusion, and the Covenant must be declared void and the cancellation orders granted against the appellants' properties.

Source excerpt

• Restrictive covenant
• Certainty
• Abuse of process
• Issue estoppel
• Stare decisis
• Discharge of charge on land

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Fulton v. Harvey-Fulton

Court

Supreme Court of British Columbia

Section 4.1(c) fixes spousal support for October 1, 2012 to October 1, 2028 based on the parties' incomes as of October 2012 and does not mandate automatic annual adjustments; adjustments require a review triggered by a material change in circumstances under ss.4.2 and 4.4 as constrained by ss.4.1(c) and 4.3, and the claimant complied with the insurance obligation so the respondent's enforcement application is dismissed.

Source excerpt

• Separation agreement interpretation
• Spousal support review
• Life insurance obligation
• Mediation clause

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Emond v. Trillium Mutual Insurance Co.

Court

Supreme Court of Canada

The Supreme Court held that a compliance cost exclusion applied despite a guaranteed rebuilding cost endorsement, limiting recovery to the policy’s exception.

• Policy interpretation
• Guaranteed rebuilding cost endorsement
• Compliance cost exclusion
• Nullification of coverage doctrine
• Endorsements and standard form contracts
• Insurance

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Koskoski v. Russell

Court

Supreme Court of British Columbia

The court held that a fence breached a restrictive covenant protecting views, rejected the respondents’ validity and modification arguments, and ordered removal of most of the fence.

• Restrictive covenant
• Injunction
• Modification under property law act s.35
• Easement validity
• View preservation
• Interpretation of covenants

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Hesch v. Langford

Court

Court of Appeal for Ontario

Section 1.6(a)(ii) of the standard 44R endorsement, properly interpreted, creates a single ownership exclusion (occupant of another automobile who leases or owns that automobile) that is qualified by the following clause: coverage is nevertheless available if family protection coverage is in force in respect of the other automobile; therefore Ashley was an "insured person" under Joe's 44R. Consequently Joe's 44R (Kent) is first loss for his excess damages under s.18(a)(ii) because the policy is in his name; for the other plaintiffs excess damages beyond the $200,000 uninsured motorist coverag…

Source excerpt

• Uninsured motorist coverage
• Underinsured motorist coverage
• Priority of insurance
• Policy interpretation
• 44r family protection endorsement
• Contribution and pro rata allocation

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Honeywell International Inc. v. XL Insurance Company Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal held Honeywell could fall within “insured” subcontractor coverage under a wrap-up policy because it allegedly did more than merely supply materials.

• Duty to defend
• Wrap-up insurance
• Policy interpretation
• Exclusion clauses
• Third party proceedings
• Summary trial

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MC v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The General Division committed reversible legal errors by failing to give adequate reasons for preferring the Minutes over witness evidence and by denying the claimant a fair process; therefore the appeal is allowed and the matter is remitted to the General Division for reconsideration.

Source excerpt

• Allocation of earnings under section 36
• Retiring allowance v overtime
• Adequacy of reasons
• Member conduct and fair hearing

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Wing Wah Investment Inc. v. AKA Investments Ltd.

Court

British Columbia Court of Appeal

British Columbia Court of Appeal held the mortgage required interest to continue after June 30, 2020 and upheld correction of an erroneous order nisi under the slip rule.

• Slip rule (r.13-1(17))
• Order nisi
• Interest calculation
• Interest act s.8
• Summary accounting
• Land title registration

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Jordan v. Zanni

Court

Supreme Court of British Columbia

The court enforced the separation agreement, awarded spousal support and bonus arrears in part, and reviewed support to a reduced term ending in 2027.

• Spousal support review
• Support arrears
• Separation agreement enforcement
• Termination of support
• Bonus payment division
• Post-secondary expenses

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