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Canada Case Law

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Civil procedure 2025 BCSC 361

Lovelock v. 0459478 B.C. Ltd.

The court allowed a mid-trial amendment to the plaintiff’s claim about a jewellery theft, finding the new allegations were tied to the existing pleadings and any prejudice could be managed.

  • Amendment of pleadings
  • Release/waiver clauses
  • Non est factum
  • Fraudulent and negligent misrepresentation
  • Bailment
  • Costs
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Contract law 2018 BCSC 1591

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

A proposed class action plaintiff was allowed to amend its claim in part, but not to plead that the entire contract was void or unenforceable as drafted.

  • Amendment of pleadings
  • Termination and rescission
  • Unconscionability
  • Restraint of trade
  • Penalty clauses
  • Abuse of process
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Contract law 2015 BCSC 2320

Connor Financial Services International Inc. v. Carver

The court rejected the plaintiff’s debt claim after finding breach of duty by the lender/adviser, allowed set-off for investment losses, and ordered no net amount payable.

  • Debt recovery
  • Breach of contract
  • Professional negligence
  • Know your client (suitability)
  • Breach of fiduciary duty
  • Conflict of interest
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Contract law 2013 BCSC 395

Maloney v. Dockside Marine Centre Ltd.

Used-boat buyer succeeded in challenging an exclusion clause, with the court finding unconscionability on the present record, subject to unresolved causation evidence.

  • Unconscionability
  • Exclusion clause
  • Fundamental breach (tercon framework)
  • Non-disclosure of latent defects
  • Causation
  • Remedies (rescission)
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Contract law 2004 BCSC 1299

MacDonald et al. v. The University of British Columbia

Former MBA students challenged UBC’s tuition increase after the freeze lifted. The court upheld the fee-change clause and dismissed claims in contract, misrepresentation, and unconscionability.

  • Tuition fee increases
  • Implied contractual terms
  • Misrepresentation by omission
  • Statutory authority of university board
  • Unconscionability
  • Tuition-fees
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Family law 2001 BCSC 1176

Bucholtz v. Smith

The court upheld a cohabitation agreement, dismissed unjust enrichment, ordered joint custody of Frazer, imputed income to the father, and made child support orders.

  • Cohabitation agreement
  • Unconscionability
  • Custody and access
  • Imputation of income
  • Retroactive child support
  • Extraordinary expenses
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.