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Canada Case Law

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Contract law 2025 BCCA 70

Ball v. Eckhart

The Court of Appeal dismissed an appeal over a 2004 family property payment agreement, holding it was enforceable and that the limitation period ran only from the 2021 sale.

  • Agreement to agree
  • Contract formation
  • Limitation period commencement
  • Partition of property
  • Adequacy of reasons
  • Contract-formation
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Family law 2023 NSSC 422

Butt v. Patterson

Applicant failed to prove unjust enrichment or that the parties engaged in a joint family venture; both parties carried on largely independent personal ventures despite shared residence, so there is no juristic reason to order unequal division or a share of respondent's military/VAC pension; equity in the jointly owned Lake Echo home is to be divided equally with a buyout option (calculated), spousal support denied and terminated effective December 2023, and each party retains sole ownership of assets in their own name.

  • Joint family venture
  • Unjust enrichment
  • Constructive trust
  • Equal division of matrimonial home
  • Imputation of income
  • Spousal support entitlement and quantum
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Contract law 2022 BCSC 471

Gulf Management Inc. v. Burbank

The court dismissed Gulfland’s claim for ALR application costs, finding the evidence evenly balanced on whether the Burbanks ever agreed to pay.

  • Oral contract enforcement
  • Quantum meruit
  • Alr removal application costs
  • Credibility findings
  • Reopening trial for new evidence
  • Costs
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Consumer protection law 2021 BCSC 699

Gomel v. Live Nation Entertainment, Inc.

Certification hearing in a ticket-resale class action. The court certified BPCPA claims, struck Competition Act, negligent misrepresentation, and unjust enrichment claims, and rejected restoration under s. 172(3).

  • Business practices and consumer protection act (bpcpa)
  • Competition act ss.36 and 52
  • Certification criteria under cpa s.4(1)
  • Negligent misrepresentation
  • Unjust enrichment
  • Punitive damages
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Property law 2016 BCSC 2295

Ficocelli v. Henderson

The court found no enforceable partnership or joint venture, but upheld a handwritten April 21, 2013 agreement requiring repayment of $315,000 plus interest and fees.

  • Foreclosure
  • Joint venture/partnership formation
  • Breach of contract
  • Remedies - restitution
  • Duty of honest contractual performance
  • Partnership-law
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Contract law 2013 NSSM 45

Peskett v. Peskett

Claim dismissed because the claimant failed to prove on the balance of probabilities that (1) the lottery prize belonged to the defendant or that the defendant held it on trust for the claimant and (2) there was an intention to create legally enforceable relations constituting a contract to share winnings; ownership by the ticket purchaser (Kaizer) and absence of evidence of a binding agreement defeat the claim.

  • Oral agreement
  • Intention to create legal relations
  • Lottery winnings
  • Evidence and burden of proof
  • Ownership of proceeds
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Property law 2007 BCSC 1593

Barber v. Shut

The court held there was no enforceable contract to transfer land, but awarded the plaintiffs quantum meruit for services and dismissed the survey-fee claim.

  • Specific performance
  • Quantum meruit
  • Oral contract for land
  • Certainty of terms
  • Statute of frauds / writing requirement (law and equity act)
  • Removal of certificate of pending litigation
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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.