Canada Case Law

Site 2020 Incorporated v. Campbell

Court

Supreme Court of Nova Scotia

The Notice of Arbitration filed April 24, 2019 was invalid because the arbitration clause required hearings to close within six months and Campbell did not advance the proceeding within that period; under the contract and s.51 of the Commercial Arbitration Act the arbitration has ceased to exist, the court will not appoint an arbitrator contrary to the parties' express time limit, and the court will not grant specific performance because a real dispute (duress defence) exists that should be resolved by arbitration or negotiation; accordingly both applications are dismissed without costs.

Source excerpt

• Arbitration clause interpretation
• Arbitration time-limits and cessation
• Commercial arbitration act jurisdiction
• Specific performance for share sale
• Duress in contract formation

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R. v. El Amine

Court

Supreme Court of British Columbia

The court acquitted the accused of arson, finding he was a mere spectator, but convicted him of public mischief after holding the duress defence failed.

• Aiding and abetting
• Duress defence
• Credibility assessment
• Safe avenue of escape
• Presence versus participation
• Arson

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CIty Motors Ltd. v. Shorten

Court

Nova Scotia Small Claims Court

The adjudicator found defendants' agreement was vitiated by financial duress (non est factum) and, alternatively, claimant was estopped from enforcing the lease; independently, claimant failed to establish the net sale proceeds required by clause 18 so could not prove its loss — therefore the claim was dismissed.

Source excerpt

• Non est factum
• Estoppel
• Measure of damages
• Repossession and sale
• Agency/related companies

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