Canada Case Law

Naugle v. Canada (Attorney General)

Court

Supreme Court of Nova Scotia

On the facts the arresting officer lacked objectively reasonable and probable grounds to arrest the plaintiff for obstruction; because the arrest was unlawful the statutory justification in s.25(1) could not apply and the officer's application of force was excessive, giving rise to civil liability for tortious battery and findings of Charter ss.7 and 9 breaches; costs awarded to the plaintiff.

Source excerpt

• Obstruction (criminal code s.129)
• Warrantless arrest (criminal code s.495(1))
• Use of force justification (criminal code s.25(1))
• Tortious battery
• Charter ss.7 and 9
• Credibility assessment

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Moore v. Cosby

Court

Supreme Court of British Columbia

Family law property division dispute over separation date, limitation period, pension division, and the valuation of the Subdivided Forsyth Property.

• Separation date
• Statute of limitations (s.198 fla)
• Family property vs excluded property
• Valuation date
• Significant unfairness (s.95 fla)
• Division of pension (part 6 fla)

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R. v. B.R.

Court

Court of Appeal for Ontario

The trial judge's credibility findings were reasonable and supported by the evidence, the references to breaches of professional boundaries were a permissible means to assess credibility and not impermissible propensity reasoning, and the 18-month custodial sentence fell within the available range and was not manifestly unfit; therefore the conviction appeal is dismissed and the sentence appeal is dismissed (leave granted).

Source excerpt

• Sexual assault
• Sexual interference
• Credibility assessment
• Propensity reasoning
• Grooming
• Breach of trust

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Simard v. Simard Estate

Court

Supreme Court of British Columbia

The court found the plaintiffs were substantially successful in this estate dispute and ordered the defendant to pay their party-and-party costs personally, assessed at Scale B.

• Resulting trust
• Undue influence
• Costs assessment
• Estate litigation practice
• Credibility findings
• Estate-litigation

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Bahniwal v. Johal

Court

Supreme Court of British Columbia

The court reduced the plaintiff’s future care award under s. 83 and limited costs after finding she should have accepted the defendants’ outstanding offer to settle.

• Costs of litigation
• Offer to settle / rule 9-1
• Section 83 insurance (vehicle) act deduction
• Future care costs
• Credibility findings
• Costs-of-litigation

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Drover v. Fleet (Safeway Siding & Roofing)

Court

Nova Scotia Small Claims Court

Adjudicator accepted the claimants' evidence as credible, rejected the defendant's account, found defective workmanship in breach of the ten-year workmanship warranty which caused water ingress and interior damage, and awarded the claimant $8,917.11 for remedial expenses plus costs of $199.35.

Source excerpt

• Breach of warranty
• Faulty workmanship
• Remedial damages
• Mould remediation
• Assessment of credibility
• Costs

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Ranahan v. Iron Horse Enterprises & Logistics Inc.

Court

British Columbia Court of Appeal

Appeal dismissed in a motor-vehicle personal injury case involving a left-turning truck and a motorcyclist. The Court upheld liability findings and damages for past and future earning capacity.

• Liability
• Contributory negligence
• Loss of earning capacity
• Mitigation
• Credibility findings
• Assessment of damages

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2395446 Ontario Inc. v. King’s and Queen’s Custom Homes Inc.

Court

Court of Appeal for Ontario

The appeal is allowed because the motion judge's adverse credibility findings were tainted by significant misapprehensions of the evidence (including misattributing testimony and relying on a non‑existent invoice), which inevitably influenced the disposition, and because the judge wrongly dismissed the action on his own motion denying recovery of an amount conceded as owing; orders below are set aside and appeal costs awarded.

Source excerpt

• Overpayment claim
• Penalty clause for delay
• Summary judgment
• Credibility findings
• Relief from forfeiture

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Rahimi v. Ma

Court

Supreme Court of British Columbia

Motor-vehicle personal injury trial: liability was admitted, but damages turned on credibility, mitigation, and the extent of ongoing symptoms and future care needs.

• Causation
• Mitigation of damages
• Non-pecuniary damages
• Future care costs
• Loss of earning capacity
• Housekeeping capacity

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Alva Construction Ltd. v. D.W. Matheson & Sons Contracting Ltd.

Court

Supreme Court of Nova Scotia

The court found that Alva's May 4 written quote was modified by subsequent oral agreements when Alva secured Money Point, that the parties agreed to share the significant unanticipated trucking savings and that on September 11, 2012 they reached a final settlement resolving Alva's outstanding invoices by reducing them by $150,000 plus applicable tax; accordingly Alva is not entitled to recover the $150,000 plus HST it claimed.

Source excerpt

• Oral agreement
• Profit sharing
• Contract formation and interpretation
• Settlement/estoppel
• Invoice adjustment

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