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Canada Case Law

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Fraud/deceit 2020 BCSC 1727

Huang v. Li

The court heard fraud, unjust enrichment, and fiduciary-duty claims arising from a disputed romantic and business relationship between a lawyer and a client.

  • Gift note
  • Bank transfers from china
  • Solicitor-client conflict of interest
  • Mistake of fact
  • Accounting of trust funds
  • Fraud-deceit
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Contract 2015 BCSC 107

BCI Bulkhaul Carriers Inc. v. Wallace

The court held none of the settlement offers triggered Rule 9-1 costs consequences, found the defendants succeeded on the live issues, and split costs by date.

  • Offers to settle (rule 9-1)
  • Costs awards
  • Special costs
  • Divided success
  • Property tax calculation
  • Reprehensible conduct in pleadings
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Contract law 2014 BCSC 725

Ma v. Nutriview Systems Inc.

The court found Brian Thurston made fraudulent misrepresentations about sponsorships, suppliers, and a buy-back guarantee, and granted rescission and a refund.

  • Fraudulent misrepresentation
  • Rescission
  • Entire agreement clause
  • Negligent misrepresentation
  • Duty of good faith
  • Mareva injunction
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Civil procedure 2009 BCSC 51

Westbank Holdings Ltd. v. Westgate Shopping Centre Ltd.

The court ordered production of settlement documents except one privileged solicitor letter, allowed amendments to pleadings, struck part of the fraud claim against Glassman, and ordered particulars.

  • Production of settlement documents
  • Confidentiality and without prejudice privilege
  • Amendment of pleadings
  • Consolidation and joinder
  • Particulars and pleadings
  • Striking pleadings
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Bankruptcy and insolvency 2006 BCSC 134

Vanc. City Savings Credit Union v. Phelps

The court held that a loan debt survived bankruptcy because the borrower misrepresented her business interest and omitted guarantees, amounting to fraudulent misrepresentation.

  • Fraudulent misrepresentation
  • Discharge from bankruptcy
  • S.178 bia declaration
  • Loan application misrepresentation
  • Non‑disclosure of guarantees
  • Costs
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Contract (1887) 15 SCR 576

Bell v. Macklin

The Supreme Court of Canada dismissed an appeal seeking rescission of a land conveyance for misrepresentation, holding that actual fraud had not been proved.

  • Rescission
  • Misrepresentation
  • Title
  • Specific performance
  • Action for deceit
  • Arbitration
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.