Canada Case Law

Horodyski v. I.C. Property Management Solutions Inc.

Court

Nova Scotia Small Claims Court

The defendant breached the contract by failing to properly prepare the bitumen surface and by using improper materials, causing delamination; the claim was discoverable only when the defendant ceased warranted repairs and communication in late October 2023, so the action was timely; damages are measured by replacement cost adjusted for betterment but limited to the Small Claims Court monetary jurisdiction, resulting in a judgment for the claimant.

Source excerpt

• Breach of contract
• Workmanship warranty
• Limitations period - discoverability
• Damages - expectancy and betterment
• Expert evidence admissibility

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Wei v. Ahmad

Court

Supreme Court of British Columbia

The court awarded Ms. Wei $505,829.66 for knee injuries from an MVA, including future income loss, non-pecuniary damages, housekeeping loss, care, and special damages.

• Non-pecuniary damages
• Future loss of income-earning capacity
• Cost of future care
• Loss of housekeeping capacity
• Special damages
• Causation

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Sidhu v. Hiebert

Court

Supreme Court of British Columbia

The court struck the jury notice in this motor vehicle and product liability action, finding the voluminous expert evidence and scientific issues too complex for a jury.

• Jury trial
• Rule 12-6(5)
• Expert witness admissibility
• Scientific evidence
• Seatbelt design and warnings
• Novus actus interveniens

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Can-West Development Ltd. v. Parmar

Court

Supreme Court of British Columbia

The court held the March 4, 2014 contract governed a residential build, found Can-West breached by defective workmanship, excluded much of an expert report, and dismissed personal liability claims.

• Breach of contract
• Contract formation and interpretation
• Construction defects
• Damages and set-off
• Builder's lien
• Admissibility of expert reports

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Wingrave v. Pure Painters Inc.

Court

Supreme Court of British Columbia

The court granted summary trial on liability, finding no breach of duty or proven causation from paint fumes and dismissing the plaintiff’s action.

• Summary trial suitability
• Duty of care
• Breach of standard of care
• Causation
• Weight of expert evidence
• Severance of liability and damages

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Bulkley Valley Restorations Ltd. v. Thurber

Court

Supreme Court of British Columbia

The court found no proved global contract, assessed the claim in quantum meruit, allowed a $1,850 set-off for proven deficiencies, and awarded judgment to the plaintiff.

• Formation of contract
• Scope of work
• Quantum meruit
• Damages and set-off
• Expert report admissibility and weight
• Pre-judgment interest

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Maldonado v. Mooney

Court

Supreme Court of British Columbia

The court awarded Mr. Maldonado damages for chronic back injuries and depression after a rear-end collision, including future care and earning-capacity losses.

• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Mitigation
• Causation
• Pre-existing condition adjustment

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L.C.T. v. R.K.

Court

Supreme Court of British Columbia

Interim parenting order application dismissed. The court kept supervised access in place pending trial, with only consented Skype contact allowed during visits.

• Parenting time
• Supervised access
• Best interests of the child
• Family violence
• Interim relief
• Expert reports

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Oceanex Inc. v. Praxair Canada Inc.

Court

Federal Court

The Federal Court held Praxair liable for damage caused when liquid oxygen leaked from tank container C156 and fractured the Cabot’s deck and shell plating.

• Dangerous goods carriage
• Liability for insufficient packing
• Bailee liability
• Causation of cargo leakage
• Business interruption damages
• Application/exclusion of hague‑visby rules

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Exclusive Flor Sales Limited v. Fipke

Court

Supreme Court of British Columbia

Trial judgment on a failed tile installation: the court dismissed the counterclaim over missing expansion joints and awarded the plaintiff $10,236.23 plus interest.

• Expansion joints
• Tile installation
• Breach of contract
• Implied terms
• Trade custom and usage
• Damages

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