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The court certified a class action in part, limited to privacy breach, vicarious liability, and punitive damages, but refused negligence and battery claims.
The court found an ICBC claims adjuster breached the Privacy Act by improperly accessing customer information, held ICBC vicariously liable, and denied punitive damages.
The court dismissed a personal injury action arising from a security guard’s citizen’s arrest of a shoplifter, finding the arrest lawful and the force used reasonable.
The court dismissed an application to add Domino's Pizza of Canada Ltd. as a defendant, finding no pleaded basis for a plausible vicarious liability claim.
On the balance of probabilities the court found the plaintiff credible and the defendant not credible; evidence including contemporaneous texts, witness testimony and prior statements supported that JW sexually assaulted AMS (digital penetration) exploiting her vulnerability; JW's conduct was within the scope of his role making Boulderwood vicariously liable; assault caused PTSD and severe ongoing impairment; appropriate awards are $140,000 non-pecuniary (inclusive of aggravation), $20,000 punitive and payment of specified special damages; prejudgment interest and costs to be determined.
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The court found the defendant wholly responsible for a red-light collision and held the employer vicariously liable. The plaintiff received damages for pain, lost income, future earning capacity, and future care.
The court declined summary judgment on limitation issues, refused to strike pleadings alleging misfeasance in public office, and dismissed an application to add a proposed defendant.
On the balance of probabilities the Court found the Appellant failed to prove deliveries were made to the Reserve; surveillance and documentary evidence established deliveries to local retailers and involvement/authorization of Appellant and its employees; Appellant is vicariously liable for employees' acts; Appellant knowingly or with gross negligence made false statements in GST returns; therefore the CRA reassessment and penalties (including s.285) are upheld and the appeal is dismissed with costs.
Source excerpt
The court found the 1999 collision caused chronic pain injuries and awarded damages for pain and suffering, past income loss, loss of earning capacity, and future care.
La Corte Suprema de la Columbia Británica acogió la solicitud de anulación: las reclamaciones estaban baradas por res judicata tras ejecuciones hipotecarias previas, y no había causa independiente contra empleados.
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