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Contract law 2022 BCSC 1258

Sellappah v. Ivanhoe Cambridge Inc.

On a slip-and-fall claim, the court held Alpine must defend and indemnify Ivanhoe under a janitorial contract, but deferred any ruling on damages or settlement payments.

  • Duty to defend
  • Indemnity clause
  • Save harmless/hold harmless clause
  • Occupiers' liability
  • Slip and fall
  • Duty-to-defend
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Federal courts jurisdiction 2018 FC 1024

744185 Ontario Incorporated v. Canada (Transport)

The Federal Court allowed the appeal, held it lacked jurisdiction over the Crown’s third party claim against Muskoka, and stayed the proceedings under s. 50.1(1).

  • Third party claim
  • Ito tripartite jurisdiction test
  • Stay of proceedings s.50.1(1) fca
  • Forum selection clause
  • Transfer of federal undertaking
  • Federal-court-jurisdiction
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Contract law 2017 BCCA 206

Ryan Mortgage Income Fund Inc. v. Alpine Credits Limited

The Court of Appeal dismissed Ryan Mortgage’s appeal, holding Alpine was only required to obtain a current appraisal it could rely on, not to guarantee the appraisal’s accuracy.

  • Contractual interpretation
  • Implied terms
  • Standard of review (palpable and overriding error)
  • Third party indemnity
  • Reliance on appraisal/transmittal letter
  • Contractual-interpretation
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Civil procedure 2016 BCSC 1465

Community Futures Development Corp. v. Dore River Forest Products Ltd.

The court granted the defendants an indemnity order against a non-appearing third party and allowed a 30-day stay of execution under the Civil Rules.

  • Indemnity against third party
  • Default/non-appearance consequences
  • Stay of execution duration
  • Third-party-proceedings
  • Indemnity
  • Stay-of-execution
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Civil procedure 2016 BCSC 813

Soprema Inc. v. Wolrige Mahon LLP

The Court granted leave for third-party claims against Conax Holdings and Convoy Supply, denied leave against other proposed third parties, and ordered partial production despite privilege claims.

  • Third party proceedings
  • Leave to file third party notice
  • Implied waiver of privilege
  • Scope of waiver
  • Indemnity clause interpretation
  • Negligent misrepresentation
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Contract law 2015 BCCA 313

299 Burrard Management Ltd. v. The Owners, Strata Plan BCS 3699

The Court of Appeal for British Columbia dismissed an appeal from summary trial, upholding enforcement of an indemnity and finding no error in admitting late evidence.

  • Indemnity clause enforcement
  • Summary trial
  • Evidence and disclosure
  • Voluntary payment defence
  • Owner-developer duties under strata property act
  • Equitable subrogation
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Civil procedure 2014 BCCA 260

Ed Bulley Ventures Ltd. v. The Pantry Hospitality Corporation

The British Columbia Court of Appeal held that the third parties were entitled to their costs of the appeal because Ventures had not separately challenged the trial costs order.

  • Want of prosecution
  • Costs of appeal
  • Third party notice
  • Indemnity claim
  • Sublease
  • Costs follow the event
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Foreclosure 2014 BCSC 68

Community Futures Development Corporation v. Dore River Forest Products Ltd.

Foreclosure petition in British Columbia: the court severed personal-judgment claims against non-mortgagors Dore and Young, but granted an order nisi against Anderson.

  • Rule 21-7(3)
  • Promissory notes
  • Mortgage as security for present and future debts
  • Joinder of claims in foreclosure
  • Severance and conversion to action
  • Third party notice
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Contract law 2012 BCCA 439

Shelton-Johnson v. Delta School District No. 37

The British Columbia Court of Appeal held that the indemnity clause applied to a plaintiff’s injury claim and allowed the School District’s appeal.

  • Indemnity clause interpretation
  • Negligence allocation
  • Contractual interpretation principles
  • Canada steamship test
  • Commercial common sense
  • Indemnity-clause-interpretation
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Civil procedure 2012 BCSC 1198

Element v. Del Mar

Supplementary reasons dismiss a third parties’ summary judgment application because the indemnity claim depends on unresolved primary claims and counter-claims.

  • Summary judgment
  • Third party claim
  • Indemnity
  • Summary trial
  • Summary-judgment
  • Third-party-practice
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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.