Canada Case Law

Boucher v. Garnett

Court

Supreme Court of British Columbia

The prior final decision of Lyster J. adjudicated and rejected the factual basis that the parties remained in a marriage-like relationship through 2024, and the issue was necessarily determined in the earlier proceeding; therefore cause and issue estoppel and the broader doctrine of abuse of process bar the present claim. The claim is dismissed with costs and ancillary relief ordered to remove CPLs and release trust funds to Garnett.

Source excerpt

• Want of prosecution
• Certificates of pending litigation (cpl)
• Issue estoppel
• Cause of action estoppel
• Summary dismissal

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Carvery v. Halifax (City)

Court

Supreme Court of Nova Scotia

To be joined a potential plaintiff must demonstrate an interest in the issues by establishing they were an owner, occupier, or other person interested in the land as of the date of expropriation under the Halifax City Charter 1963; individuals who executed Indentures prior to the expropriation quitclaimed their interests and cannot be joined on that basis, their descendants likewise cannot be joined absent an independent proprietary interest at the expropriation date, minors cannot be joined on the basis of mere residence absent a guardian/trustee holding title or charge/control at the time,…

Source excerpt

• Joinder
• Standing
• Representative order
• Release
• Indentures/quitclaims
• Minors and capacity

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Fisher v. Airfoam Industries Ltd. (Quad-Lock Building Systems)

Court

Supreme Court of British Columbia

The court stayed the action, finding an arguable case that the sales orders incorporated Quad-Lock’s arbitration clause and rejecting estoppel and limitation arguments.

• Arbitration clause enforceability
• Stay of proceedings under s.8 icaa
• Competence-competence principle
• Settlement privilege
• Estoppel by convention
• Estoppel by representation

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Magnum Management Inc. v. Chilliwack Hangar Corp.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Magnum Management Inc.’s application for leave to appeal a rent arbitration award, finding no extricable question of law.

• Issue estoppel
• Leave to appeal from arbitral awards
• Contractual interpretation
• Procedural fairness
• Application of s.59 arbitration act
• Arbitration

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Kemeny v. Callidus Capital Corporation

Court

Court of Appeal for Ontario

The Irrevocable Direction unambiguously obligated the appellant, upon advance of loan proceeds, to pay 2% of the authorized facility directly from the first drawdown to the respondent; the appellant's failure to do so breached both its contractual obligation and its trust duties, and the respondent was not estopped from enforcing the Direction.

Source excerpt

• Irrevocable direction
• Breach of contract
• Breach of trust
• Fiduciary duty
• Contract interpretation
• Estoppel by conduct

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Scarlato v. Buzbuzian

Court

Court of Appeal for Ontario

The motion judge reasonably found the April 10-11, 2017 emails did not constitute a binding contract because essential terms were missing, the term sheet was unsigned and did not create an obligation for the respondents to pay a commission, and those factual findings were entitled to deference under Sattva; therefore summary judgment dismissing the action was correctly granted.

Source excerpt

• Contract formation
• Summary judgment
• Estoppel
• Interpretation of communications
• Finder's fee

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Ahluwalia v. Richmond Taxi Co. Holdings Ltd.

Court

British Columbia Court of Appeal

Application to vary dismissed. The Court of Appeal held the chambers judge made no error in dismissing the appeal as abandoned and refusing an extension of time.

• Abuse of process
• Cause of action estoppel
• Dismissal for abandonment
• Extension of time
• Limitation period
• Futility of appeal

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Layton v Layton

Court

Supreme Court of Nova Scotia

Court found owners made an assurance that the Applicant would have ownership of the Disputed Lands, Applicant reasonably relied and expended money and labour to her detriment, and it would be unconscionable for owners to resile; proprietary estoppel established and equitable remedy is to set aside the 2019 quit claim deed and transfer title to Applicant subject to a life interest in favour of the parents and specified protective terms, with costs and tax consequences allocated as ordered.

Source excerpt

• Proprietary estoppel
• Promissory estoppel
• Unconscionability
• Life interest
• Quit claim deed
• Remedy

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Cadwell Estate v. Martin

Court

Supreme Court of British Columbia

The court held the $170,000 family payment was a loan, not an equity investment or resulting trust. The repayment schedule was forged and the claim was statute-barred.

• Resulting trust
• Constructive trust
• Purchase money resulting trust
• Demand loan
• Limitation period
• Promissory estoppel

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Lessing Brandon & Company LLP v. Dyck and others

Court

Supreme Court of British Columbia

The court enforced a settlement agreement over unpaid legal fees, held the action was not barred by the Legal Professions Act, and found the defendants estopped from fee review.

• Enforceability of settlement agreement
• Fee review under the legal professions act
• Summary determination
• Solicitor-client obligations
• Estoppel against fee review
• Contract-enforcement

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