Canada Case Law

Wasoqopa’q First Nation v. Francis

Court

Supreme Court of Nova Scotia

The court found on the uncontroverted evidence that Mr. Francis was given repeated notices to vacate beginning June 9, 2022, has no certificate of possession or approved residency under a valid Residency By-Law properly enacted under the Indian Act, and his constitutional/aboriginal claims lacked the necessary evidence and collective authorization; because the trespass was ongoing, not trivial, and monetary damages were inadequate given urgent housing needs and time-limited funding, the equitable remedy of a permanent injunction and an order to vacate within 30 days (with RCMP enforcement if…

Source excerpt

• Trespass
• Permanent injunction
• Indian act by-law powers (s.18(1), s.20, s.81)
• Band by-law validity and internal procedures
• Aboriginal and treaty rights (ss.25 and 35)
• Jurisdiction of provincial superior court over reserve matters

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Columbia Shuswap (Regional District) v. Jones

Court

Supreme Court of British Columbia

The court held that the defendants’ property use was not a permitted home occupation, was not a lawful non-conforming use, and ordered injunctions with limited stays.

• Home occupation
• Non‑conforming use
• Secondary dwelling unit
• Statutory interpretation
• Bylaw enforcement
• Abuse of process

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Bonavista Mangement Inc. v. Absolute Star Design Ltd.

Court

Supreme Court of British Columbia

The court granted a permanent injunction against cigar and tobacco smoking at a commercial unit after finding private nuisance, breach of lease, and bylaw violations.

• Private nuisance
• Breach of lease
• Smoking bylaw violation
• Permanent injunction
• Costs
• Private-nuisance

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K.J.M. v. P.D.A.

Court

Supreme Court of British Columbia

Interim family-law decision awarding joint custody and guardianship, primary residence with the father, and liberal access for the mother under psychologist guidance.

• Custody
• Guardianship
• Access
• S.15 custody and access report
• Interim spousal support
• Interim child support

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Aschenbrenner v. Yahemech

Court

Supreme Court of British Columbia

On costs, the court held the plaintiffs were substantially successful, so costs were not limited to disbursements, but their award was reduced by 20%.

• Costs
• Small claims jurisdiction
• Substantial success
• Damages
• Nominal damages
• Conduct of parties

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Suzuki v. Munroe

Court

Supreme Court of British Columbia

The court found that an air conditioner and surveillance camera installed by neighbours amounted to private nuisance and ordered damages plus injunctive relief.

• Private nuisance
• Noise pollution
• Surveillance camera / privacy
• Injunction
• Damages
• Private-nuisance

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British Columbia Transmission Corporation v. Lemoignan

Court

Supreme Court of British Columbia

In chambers, the court granted an interim injunction protecting access to a registered right-of-way for transmission-line construction, subject to an indemnity undertaking from the plaintiffs.

• Right-of-way
• Interim injunction
• Environmental assessment
• Migratory birds convention act, 1994
• Indemnity undertaking
• Balance of convenience

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British Columbia Chicken Marketing Board v. Reid

Court

Supreme Court of British Columbia

The court held that certified organic chicken falls within the BC chicken marketing scheme and granted a statutory injunction, delaying its effect until November 20, 2002.

• Statutory injunction
• Marketing boards
• Natural products marketing
• Organic agriculture
• Ultra vires challenge
• Exhaustion of remedies

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Davey et al. v. Isaac et al.

Court

Supreme Court of Canada

The Supreme Court of Canada upheld an injunction for the elected Six Nations council, holding the Order in Council valid because the band fell within the Indian Act.

• Indian act interpretation
• Definition of 'band' under s.2(1)(a)
• Validity of orders in council under s.73
• Trust funds held by crown for indians
• Elected band council versus hereditary chiefs
• Use and control of council house

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Matthew v. Guardian Assurance Co.

Court

Supreme Court of Canada

The Supreme Court of Canada held that a federal insurance licence regime made the provincial licence application premature, and reversed the injunction against the agent.

• Retrospective legislation
• Licensing of foreign insurers
• Injunction quia timet
• Joinder/agency
• Judicial notice of statutes
• Insurance-law

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