Canada Case Law

Zeng v. Zuo

Court

Supreme Court of British Columbia

The Chinese Civil Mediation Paper of April 26, 2018 is enforceable in British Columbia: the defendants attorned to the Chinese court by appointing agents who participated and consented, the mediation paper is final and conclusive under Chinese law, and the defendants failed to establish a defence of lack of natural justice (duress) or fraud. Consequently the Chinese judgment debt (RMB 35,350,000 principal and RMB 20,455,141.64 interest calculated to January 1, 2025 with interest accruing at RMB 10,273.97 per day) is recognized and enforceable; the trust funds from the Property sale are to be…

Source excerpt

• Recognition and enforcement of foreign judgments
• Jurisdiction and attornment
• Natural justice/duress as defence to recognition
• Fraud defence to foreign judgments
• Interest calculation on foreign judgments
• Costs and special costs

Read case analysis

Sainte‑Julie (City) v. Investissements Laroda inc.

Court

Supreme Court of Canada

La Cour suprême rejette l’appel et accueille en partie le pourvoi incident: novation, terme suspensif fixé au 15 décembre 2015, et dommages à évaluer par la Cour supérieure.

• Novation
• Obligation with term
• Conditional obligation
• Fixing of term
• Performance by equivalence
• Restitution of prestations

Read case analysis

Chong v. Chong

Court

Court of Appeal for Ontario

The motion judge correctly applied the law and the evidence supported enforcement of the settlement: the appellant was represented, the settlement was read into court and validated, there was no corroborating evidence of lack of comprehension or unconscionability, fresh evidence was inadmissible or irrelevant, and the appellant failed to establish mutual mistake or fraudulent misrepresentation; accordingly the appeal is dismissed and the settlement is enforced with amended dates and costs awarded against the appellant.

Source excerpt

• Enforcement of settlement
• Unconscionability
• Mutual mistake
• Fraudulent misrepresentation
• Admission of fresh evidence
• Costs

Read case analysis

1385673 BC Ltd. v. Nobox Limited

Court

Supreme Court of British Columbia

The court adjourned the March 24, 2025 trial generally because the case was not ready and key evidence and witness availability issues would risk unfairness.

• Adjournment
• Trial management
• Discovery
• Expert evidence
• Confidential information
• Breach of asset purchase agreement

Read case analysis

Sebastien Anderson Professional Law Corporation (Labour Rights Law) v. Engel

Court

Supreme Court of British Columbia

Registrar review of a law firm account in a Part 8 Legal Profession Act proceeding. The court allowed the fees, interest, and review costs, and dismissed damages claims.

• Fee review
• Retainer agreement
• Disbursements
• Interest
• Costs
• Duty of fair representation

Read case analysis

Priestly Demolition Inc. v. Universal Designs Ltd.

Court

Court of Appeal for Ontario

Where a commercial lease requires a tenant to contribute to the landlord's fire insurance and the indemnity clause contains no express language rendering it effective notwithstanding the tenant's insurance contribution, the lease, read as a whole, can bar a landlord's insurer from bringing a subrogated action against the tenant; the motion judge so found and the Court of Appeal upheld that conclusion.

Source excerpt

• Commercial lease interpretation
• Indemnity clauses
• Subrogated action by insurer
• Effect of tenant contribution to landlord's insurance
• Contractual ambiguity

Read case analysis

Elgebeily, Zaynluke v. Mezza

Court

Supreme Court of Nova Scotia

The arbitration clause is broad and, read as a whole with the Commercial Arbitration Act, requires that the Plaintiffs' dispute be stayed and referred to arbitration; the Plaintiffs failed to prove any s.9(2) exception on a balance of probabilities (including non-arbitrability), and the exclusion of punitive damages does not create a remedial gap sufficient to retain jurisdiction in court, so the stay under s.9(1) is granted.

Source excerpt

• Stay of proceedings
• Arbitration clause enforcement
• Wrongful termination
• Unjust enrichment
• Punitive damages
• Equitable remedies

Read case analysis

Universal Supply Co. Ltd. v. Lockerbie & Hole Contracting Limited

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Universal’s appeal, upholding the refusal of summary judgment and the order allowing Lockerbie to qualify admissions in a defective-pipe dispute.

• Summary trial/suitability
• Withdrawal and qualification of admissions
• Burden of proof on summary applications
• Discretionary appellate review
• Summary-trial
• Withdrawal-of-admissions

Read case analysis

Professional Court Reporters Inc. v. Pistachio Financier Corp.

Court

Court of Appeal for Ontario

Affirmed the motion judge's refusal to award lost profits because appellant failed to prove loss and the judge was entitled to accept testimony indicating no profit; held that contractual post-judgment interest and contractual costs scale should be enforced absent exceptional circumstances and adjusted orders accordingly.

Source excerpt

• Damages
• Lost profits
• Contractual interest
• Post-judgment interest
• Costs
• Summary judgment

Read case analysis

Royal Bank of Canada v. G.S. Continuous Gutters Inc.

Court

Supreme Court of British Columbia

The court held Jack Humphrey was aware he signed RBC’s guarantee and understood its effect, rejecting unconscionability, non est factum, and unilateral mistake.

• Personal guarantee
• Guarantee enforcement
• Unconscionability
• Non est factum
• Unilateral mistake
• Independent legal advice

Read case analysis