Canada Case Law

Stutzinger v. Blecker

Court

Supreme Court of Nova Scotia

The deed grants a broad 66-foot right of way allowing vehicular and pedestrian access at any point; the respondent's placement of large, immovable boulders adjacent to the applicants' property prevented vehicle access to part of the dominant tenement and therefore constituted an unreasonable and substantial interference with the easement. The appropriate remedies are a mandatory order requiring removal of the boulders and restoration at the respondent's expense by the specified deadline, a declaratory judgment confirming the right of way, an award of general damages for inconvenience ($1,000)…

Source excerpt

• Right of way
• Easement interpretation
• Servient vs dominant tenement
• Obstruction of easement
• Mandatory injunctions
• Damages

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Bosa v. Canada

Court

Supreme Court of British Columbia

The BC Supreme Court dismissed a petition to rectify a family trust deed and grant declarations, holding the matter overlapped a pending Tax Court appeal.

• Rectification
• Interpretation of trust deed
• Declarations
• Jurisdictional abstention
• Saunders v. vautier
• Tax court concurrent jurisdiction

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676083 B.C. Ltd. v. Revolution Resource Recovery Inc.

Court

British Columbia Court of Appeal

The Court of Appeal partly allowed the appeal in this class certification case, struck the unjust enrichment claim, and allowed amendments for breach of contract and restraint of trade issues.

• Certification
• Common issues
• Identifiable class
• Unjust enrichment
• Breach of contract
• Restraint of trade

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West Moberly First Nations v. British Columbia

Court

British Columbia Court of Appeal

The Court of Appeal upheld a declaration that the western boundary of Treaty 8 follows the Arctic-Pacific Divide, rejecting claims of legal and factual error.

• Treaty 8 western boundary
• Arctic‑pacific divide vs rocky mountains watershed
• Availability of declaratory relief
• Honour of the crown
• Adhesion agreements
• Standard of review

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Cowichan Valley (Regional District) v. Stack

Court

Supreme Court of British Columbia

The court held that the respondents’ commercial sawmilling on R-2 land breached the zoning bylaw, ordered it to stop, and allowed only limited non-commercial milling for on-site improvements.

• Home-based business
• Zoning bylaw violation
• Accessory residential use
• Statutory injunction
• Costs
• Zoning-bylaw

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Pan Afric Holdings Ltd. v. Athabasca Holdings Ltd.

Court

British Columbia Court of Appeal

Supplementary reasons on costs after the appeal was allowed. The Court rejected a request to depart from the usual costs rule and awarded costs to the appellants.

• Costs on appeal
• New issue on appeal
• Striking action
• Phasing declaration
• Interpretation of agreements
• Costs-on-appeal

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R.G. v. K.G.

Court

Court of Appeal for Ontario

Parents must be parties to an application for a declaration that a child has withdrawn from parental control, but the court has broad discretion to limit or define their participation; the court must consider more than age alone, including reasons for and utility of the declaration; the fresh psychiatric affidavit was not admissible as fresh evidence; the declaration in this case was properly made and rendered custody issues moot.

Source excerpt

• Withdrawal from parental control
• Custody
• Declaratory relief
• Fresh evidence
• Party status and notice

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TNR Gold Corp. v. MIM Argentina Exploraciones S.A.

Court

Supreme Court of British Columbia

The court struck out a third-party notice against the plaintiffs’ lawyers, found no reasonable cause of action, and refused to consolidate a separate solicitors’ action.

• Rectification
• Implied term
• Breach of contract
• Negligence
• Third party notice
• Strike out for no reasonable cause

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Armour Group Ltd. v. United Brotherhood of Carpenters & Joiners of America, Local 83

Court

Supreme Court of Nova Scotia

Because there was no collective agreement between the parties the court retained jurisdiction; the Union breached the 1984 agreement by filing the 1997 application for reconsideration seeking successor rights for Armour Group; plaintiff proved special damages of $28,880.41 (legal costs plus interest); an injunction is warranted prohibiting successor rights applications by the Union against Armour Group and its subsidiaries (except Armour Construction); declaratory relief granted that Armour Group may presently tender work to non‑union companies; claim for aggravated damages dismissed.

Source excerpt

• Successor rights
• Decertification
• Labour relations board jurisdiction
• Breach of contract
• Damages
• Declaratory relief

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Installations Sportives Defargo Inc. v. Fieldturf Inc.

Court

Federal Court

The Federal Court allowed Fieldturf’s appeal from a prothonotary’s discovery ruling, holding the disputed question was relevant and had to be answered.

• Non-infringement
• Examination for discovery
• Relevance of discovery questions
• Standard of review for prothonotary decisions
• Subsection 60(2) patent act
• Patent-law

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