Canada Case Law

Sofia Express AG Corporation v. Nautel Limited

Court

Supreme Court of Nova Scotia

Court accepted applicant's evidence as more consistent with documentary record and commercial reality, found a continuing agency relationship by conduct that persisted beyond the facial term of the written ASA, concluded applicant materially caused and substantially contributed to Nautel's sales to VOV, and ordered commission at 10% of the invoiced gross amounts (commercial practice and prior correspondence supporting a 10% measure); alternatively quantum meruit/unjust enrichment would apply.

Source excerpt

• Commission dispute
• Agency agreement
• Quantum meruit
• Termination of agency
• Prejudgment interest
• Credibility findings

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Conrod v. Cooper

Court

Supreme Court of Nova Scotia

On the balance of probabilities the court found separation on April 3, 2022, imputed income of $16,000 to the applicant for guideline calculations, concluded respondent overpaid guideline support such that prospective non-compensatory spousal support is extinguished, upheld the parties' Consent Order on prospective child support subject to imputed income and proportional s.7 allocation, and ordered the adjusted equal division of sale proceeds with specified offsets; credibility findings about the applicant's pre-hearing relocation were material to imputation and denial of ongoing spousal supp…

Source excerpt

• Divorce
• Retroactive support
• Prospective support
• Imputed income (s.19 child support guidelines)
• Section 7 expenses
• Cohabitation and impact on spousal support

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Kiss v. Leung

Court

Supreme Court of British Columbia

The court dismissed a family property claim, finding no two-year marriage-like relationship, no entitlement to property division, and no change to dog possession.

• Marriage-like relationship
• Cohabitation
• Division of family property
• Certificate of pending litigation
• Companion animal ownership
• Credibility assessment

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Broadbent v. Seguin

Court

Supreme Court of British Columbia

The court found the parties were not spouses under the Family Law Act. Alternatively, any marriage-like relationship ended by August 28, 2016, so the claim was out of time.

• Marriage-like relationship
• Separation date for limitation s.198 fla
• Tenancy agreement authenticity
• Forgery allegation
• Occupational rent
• Costs

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Zhao v. Fang

Court

British Columbia Court of Appeal

Appeal allowed in part in a family law dispute over excluded property, investment funds, and retroactive support. The Court upheld the gift finding, ordered equal division of investment funds, and varied support retroactivity.

• Excluded property
• Imputation of income
• Retroactive support
• Division of investment funds
• Sufficiency of reasons
• Family-law

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1501642 Alberta Ltd. v. Braza Construction Ltd.

Court

Supreme Court of British Columbia

The court found Braza Construction responsible for the hotel elevation error, upheld some extras for High End, dismissed the counterclaim, and awarded $382,000 plus interest.

• Elevation benchmark error
• Change orders and extras
• Breach of contract
• Set-off and counterclaim
• Pre-judgment interest
• Costs assessment

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D.M.F. v. T.J.D.

Court

Supreme Court of British Columbia

The court upheld equal parenting time, ordered a s. 211 report and counselling, rejected drug-testing and supervised parenting, and ordered a $2,500 payment for wrongful withholding.

• Parenting time and residence
• Denial of parenting time (s.61-62 fla)
• Section 211 reports
• Police enforceability of parenting orders (s.231 fla)
• Substance use restrictions
• Decision-making authority

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Baquero v. Forero

Court

Supreme Court of British Columbia

Family law trial over support, excluded property, and a Florida condo held through LLCs. The court found joint ownership, imputed income, awarded child support, and granted retroactive spousal support.

• Excluded property
• Income imputation
• Retroactive spousal support
• Lump sum support
• Costs
• Ancillary orders

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Y.L. v. G.L.

Court

Supreme Court of British Columbia

The court set aside a written but unwitnessed separation agreement for non-disclosure and misunderstanding, then divided property, imputed income, and ordered child support.

• Marriage-like relationship
• Date of separation
• Excluded property (s.85)
• Valuation date (s.87)
• Setting aside property agreements (s.93)
• Unequal division (s.95)

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Shepherd v. Lundin Gold Inc.

Court

Supreme Court of British Columbia

The court dismissed a claim for a $12 million finder's fee tied to Fruta del Norte, finding no pleaded oral contract or quantum meruit entitlement.

• Finder's fee
• Agency and apparent authority
• Commercial reality
• Conditions precedent
• Credibility assessment (faryna)
• Elements of passing off

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