Canada Case Law

Schaufelberger v. Cannon

Court

Supreme Court of British Columbia

The claimant's application to set aside the 2009 Family Law Agreement was time‑barred under s.198(3) FLA and, on the merits, the agreement was not set aside because negotiation was not procedurally unfair and the agreement is not significantly unfair under s.93(5). The Family Law Agreement therefore governs; however, the court recognized implied partnership obligations and awarded the claimant compensation for post‑separation sweat equity and management, ordered specific reimbursements for a non‑partnership LOC withdrawal and for the claimant's cash infusion, allocated responsibility for the…

Source excerpt

• Setting aside family agreement (s.93 fla)
• Indefeasible title and rebuttal
• Limitation and discoverability
• Partition and sale of property
• Compensation for management / sweat equity
• Accounting

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Rindt v. Rindt

Court

Supreme Court of British Columbia

The court struck several deficient defamation and interference pleadings, granted limited leave to amend, joined two related family business actions, and removed the plaintiff’s action from fast track.

• Striking pleadings for failure to disclose reasonable cause of action
• Joinder of actions
• Fast track litigation
• Intentional interference with economic relations
• Negligent and fraudulent misrepresentation
• Breach of fiduciary duty

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A.J.L. v. J.C.

Court

Supreme Court of British Columbia

BCSC dismissed a family-law claim, finding the parties were not spouses under the FLA and rejecting unjust enrichment and assault allegations.

• Cohabitation/common-law spouse
• Spousal support
• Property division
• Constructive trust
• Unjust enrichment
• Credibility and admissibility

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Brewer v. Hanoski

Court

Supreme Court of British Columbia

The court applied unjust enrichment principles to direct all net hotel sale proceeds to the plaintiff’s mortgage debt, declined to find the defendant caused the fire, and awarded costs to the plaintiff.

• Partition and sale
• Joint tenancy presumption
• Unjust enrichment
• Allegation of arson
• Costs
• Partition-and-sale

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Miller v. Jellybean Park International Inc.

Court

Supreme Court of British Columbia

The court found the parties had only an agreement to agree, not a binding contract, because the price allocation between land and business was uncertain.

• Agreement to agree
• Condition precedent
• Certainty of essential terms
• Good faith negotiation
• Deposit forfeiture
• Reliance damages

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Van Kooten v. More

Court

Supreme Court of British Columbia

The court ordered equal parenting, set child support at $436 per month, denied spousal support, and awarded Ms. Van Kooten $35,000 for unjust enrichment.

• Unjust enrichment
• Constructive trust
• Child support - shared parenting
• Spousal support
• Guardianship and parental decision-making
• Supervised access

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Encom Alternative Energy Solutions Ltd. v. Enermax Homes Construction Ltd.

Court

Nova Scotia Small Claims Court

Enermax, a company wholly owned and directed by Stymest, ordered and had solar equipment delivered to Stymest's property without evidence of independent financial arrangements; the court inferred Enermax acted as agent/alter-ego of Stymest and, alternatively, pierced the corporate veil to prevent manifest injustice and unjust enrichment, holding Stymest personally liable for the supplier's claim of $12,966.25 plus costs.

Source excerpt

• Piercing the corporate veil
• Agency and alter-ego liability
• Builders' lien
• Personal liability of shareholder
• Unjust enrichment

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Nathu v. Miller

Court

Supreme Court of British Columbia

The court dismissed a former cohabitant’s spousal support and unjust enrichment claims, finding the relationship ended in 2005 and no constructive trust was justified.

• Spousal support limitation under family relations act
• Cohabitation/marriage-like relationship
• Constructive trust
• Contributions to property
• Division of property
• Causation/link between domestic services and asset acquisition

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Bodnar v. The Cash Store Inc.

Court

Supreme Court of British Columbia

The court granted joinder, ex juris service, and certification against additional lenders in a payday-loan class action, finding a common business model and low certification threshold met.

• Certification
• Joinder
• Service ex juris
• Unjust enrichment
• Unconscionable trade practices
• Criminal interest (s.347 criminal code)

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Conquergood v Dalfort

Court

Supreme Court of British Columbia

The court found the parties were spouses under the Family Relations Act, awarded need-based spousal support, rejected unjust enrichment and assault claims, and ordered sale of the Erika.

• Spousal support
• Cohabitation / marriage-like relationship
• Compensatory vs need-based support
• Quantum meruit
• Division of jointly owned property
• Joint ventures accounting

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