Canada Case Law

Skycope Technologies Inc. v. Jia

Court

Supreme Court of British Columbia

Although Mr. Jia established enrichment and corresponding deprivation tied to an expectation of equity, his equitable claim is satisfied because his receipt of Shengkong shares via the Share Transfer Agreement constituted a juristic reason (contractual allocation of enterprise equity) justifying Skycope's retention of his contributions; additionally, his breach of fiduciary duties would have barred equitable remuneration if the claim otherwise succeeded; therefore the equitable claim to Skycope shares is dismissed and costs awarded to Skycope.

Source excerpt

• Constructive trust
• Promissory estoppel
• Share entitlement
• Misuse of confidential information
• Clean hands/faithless fiduciary
• Costs

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Stingelin Estate v. Woods

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an estate trustee’s appeal from summary judgment, holding the respondent lawyer owed no duty or fiduciary duty and the claim was time-barred.

• Duty of care
• Fiduciary duty
• Causation
• Discoverability under limitations act
• Summary judgment
• Will drafting

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Vassilakaki v. Vassilaki & Sons Investments Ltd. (Last Call Liquor Mart)

Court

Supreme Court of British Columbia

The court found the employer did not condone the plaintiff's misconduct because it acted reasonably by commissioning an independent investigation, promptly acting on its findings, and actively seeking a replacement; the plaintiff admitted pervasive dishonest conduct (misappropriation, undisclosed excessive wages, interest-free loans, payment of personal expenses) which, in context, constituted just cause for summary dismissal; the defendant's counterclaim succeeded and damages of $814,681.99 were awarded against the plaintiff.

Source excerpt

• Wrongful dismissal
• Just cause
• Condonation
• Misappropriation of corporate funds
• Breach of directors' duties
• Damages

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Mattu v. Punjab Law Group LLP

Court

British Columbia Court of Appeal

The Court upheld the trial judge: the Contracts, read objectively with surrounding circumstances, did not evidence an intention to create a trust or impose a fiduciary obligation over the deposits and therefore no trust existed; further, no proximate relationship was established between the lawyer and the appellants to give rise to a duty of care in negligence, so the negligence claim failed; consequently the appeal is dismissed.

Source excerpt

• Deposit held in lawyer trust account
• Duty of care to non-client purchasers
• Formation of express trust
• Contractual interpretation
• Proximity in economic loss claims

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Blizzard Uranium Corp v. Nathanson, Schacter & Thompson LLP

Court

Supreme Court of British Columbia

Court found defendants liable for negligence and breach of fiduciary duty: the Amended SOC contained a factual error (B Claims misdescribed as held in trust for Boss) caused by defendant counsel's failure to verify and to account for prior file materials; that error foreseeably gave the beneficial owner leverage, caused settlement complications and payments; causation established; but plaintiffs bore 50% contributory negligence for failures to detect and mitigate; court applied a $2,000,000 'but for' deduction (likely value that would have been paid for B Claims absent the error), reduced rec…

Source excerpt

• Solicitor negligence
• Breach of fiduciary duty
• Contributory negligence
• Causation
• Damages
• Settlement law

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Morton v. Cherkaoui

Court

British Columbia Court of Appeal

The chambers judge did not err: on the record he acted within his discretion in refusing further adjournment, properly dismissed the conflict application, and correctly applied s.233(1) BCA—finding the applicant acted in good faith and that the proposed derivative proceeding is in the company's best interests because there is an arguable case with a reasonable prospect of success; therefore leave was correctly granted and the costs order was properly made.

Source excerpt

• Derivative action
• Leave to commence derivative proceeding
• Good faith test
• Best interests of the company
• Adjournment discretion
• Counsel disqualification

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DeVenne v. DeVenne

Court

Supreme Court of Nova Scotia

The enduring power of attorney signed August 27, 2021 is valid; its text appointed multiple attorneys to act severally (any one acting alone). Wesley and Judith, as attorneys, breached statutory and fiduciary duties by causing the donor’s funds to be applied to the defendants’ house purchase (gift/transfer without grantor authority) and by withholding information from co-attorney Suzanne. Section 24 immunity does not apply because the defendants did not act in good faith with reasonable care. Remedy: defendants must transfer $25,000 to the estate; other claimed personal damages by Suzanne are…

Source excerpt

• Validity of enduring power of attorney
• Duties of attorneys
• Accounting and restitution
• Relief under s.24 enduring powers of attorney act
• Damages and remedies

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Rahman v. Windermere Valley Property Management Ltd.

Court

British Columbia Court of Appeal

Security for costs was ordered because the appeal was weak, the appellant failed to provide objective evidence of impecuniosity, prior unpaid costs created a real risk that costs would not be recoverable, and the application was timely; result: $6,500 security for the appeal and $3,500 for the fixed costs award (total $10,000) to be posted within 30 days, with the appeal stayed pending posting and security for trial costs adjourned until assessment.

Source excerpt

• Security for costs
• Summary judgment
• Limitation period
• Dismissal for non-compliance with court order
• Special costs
• Stay of appeal

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Smiley v. The Pierre Elliott Trudeau Foundation

Court

Newfoundland and Labrador Court of Appeal

The motion judge did not misapprehend or fail to consider material evidence; weighing efficiency, fairness and comity factors, Quebec is the clearly more appropriate forum for the dispute (given Foundation contacts, contracts and evidence), the stay of the Newfoundland and Labrador action is upheld, and post-decision Quebec proceedings were admissible as additional evidence on appeal under the Palmer/rule 37 test.

Source excerpt

• Jurisdiction simpliciter
• Forum non conveniens analysis (efficiency, fairness, comity)
• Access to justice
• Misapprehension of evidence
• Admission of fresh/new evidence (palmer/rule 37)
• Choice of law clauses

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Payeur (Re)

Court

Supreme Court of British Columbia

The attorney breached fiduciary duties by making and failing to satisfactorily account for large transfers and payments that were not reasonable or necessary for the deceased's benefit; the court disallowed disputed business advances, unsupported cash withdrawals, bank transfers and e-transfers and found the attorney liable to account to the Estate for $280,180.41, while allowing a limited subset of point‑of‑sale expenses as reasonably incurred.

Source excerpt

• Passing of accounts
• Breach of fiduciary duty
• Improper transfers to attorney and related parties
• Record keeping and accounting obligations
• Remedies: repayment and accounting
• Jurisdictional limits on registrar for costs

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