Canada Case Law

Kanackathundiyil v. McAllister

Court

Supreme Court of British Columbia

The court found the plaintiff credible and established on a balance of probabilities that the 2018 motor vehicle collision caused the plaintiff's neck pain with restricted motion, right arm pain and radiculopathy (leading to C6/7 surgery), new throbbing lower back pain, post-traumatic headaches and consequent mood disturbance; pre-accident episodic lower back spasm was not causative of the new disabling symptoms; plaintiff was disabled from work despite earnest RTW attempts and is entitled to past and future income loss, pension loss, non-pecuniary damages, housekeeping replacement and specif…

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• Causation
• Damages
• Non-pecuniary damages
• Future care
• Loss of earnings
• Credibility assessment

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Emond v. Trillium Mutual Insurance Co.

Court

Supreme Court of Canada

The Supreme Court held that a compliance cost exclusion applied despite a guaranteed rebuilding cost endorsement, limiting recovery to the policy’s exception.

• Policy interpretation
• Guaranteed rebuilding cost endorsement
• Compliance cost exclusion
• Nullification of coverage doctrine
• Endorsements and standard form contracts
• Insurance

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Insurance Corporation of British Columbia v. Roy-Noel

Court

British Columbia Court of Appeal

The trial judge erred by entering an unconditional lump sum for psilocybin-related future care despite expressly conditioning reasonableness on lawful prescription with Health Canada authorization; because the order did not reflect that prerequisite or apply an appropriate negative contingency, the psilocybin portion must be remitted to the trial judge for redetermination.

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• Future care costs
• Medical necessity
• Contingency discounts
• Health canada authorization
• Psilocybin
• Remittal for redetermination

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Pusey v. Myers

Court

Supreme Court of British Columbia

The court found no intentional underemployment and declined to impute income; it fixed the claimant's income at $58,000 for April 1–Dec 1, 2024 and $50,000 from Jan 1, 2025 onward; retroactive child support owing for Apr–Dec 2024 is $2,439.98 subject to crediting and overpayments; from July 1, 2025 support remains payable for the older child in post-secondary education but at a reduced amount ($150/month for that child), resulting in $618/month for both children from Jan 1, 2026 until further order; RESP contributions and child life insurance premiums are not s.7 expenses, but meals while tra…

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• Imputation of income
• Retroactive child support
• Section 7 expenses
• Undue hardship
• Annual review and adjustment

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Mailman v Bridgewater

Court

Nova Scotia Small Claims Court

Because the lease expressly reserved ownership and title in the lessor and contained an indemnity clause allocating the risk of loss to the lessee, and because the insurance payout did not overcompensate the lessor for its loss, the lessor was entitled to the insurance proceeds and the claimant had no entitlement to any portion of the settlement.

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• Lease termination
• Insurance proceeds
• Insurable interest
• Indemnity
• Ownership of leased property

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Sorrentino v. Certas Home and Auto Insurance Company

Court

Court of Appeal for Ontario

The Court of Appeal granted Certas an extension of time to file leave materials, but dismissed its stay motion and ordered immediate compliance with the Divisional Court’s payment order.

• Stay pending appeal
• Leave to appeal
• Statutory accident benefits schedule
• Home modifications
• Irreparable harm
• Balance of convenience

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2689686 Ontario Inc. v. Lloyd's Underwriters

Court

Court of Appeal for Ontario

The Court of Appeal upheld summary judgment dismissing an insurance coverage claim, finding the roof collapse was caused by frost heaving excluded by the policy and that nullification did not apply.

• Exclusion clause
• Builder's risk policy
• Summary judgment
• Doctrine of nullification
• Expert evidence
• Insurance

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S.R.C. v. E.C.

Court

Supreme Court of British Columbia

The court varied a consent child-support order after finding the claimant’s income had increased and rejecting the respondent’s request for a retroactive decrease.

• Variation of consent order
• Retroactive child support
• Imputation of income
• Financial disclosure
• Extraordinary expenses
• Costs

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Garmo v. Landry

Court

Supreme Court of British Columbia

Rear-end collision personal injury trial assessing causation, mitigation and damages. The court awarded damages for soft tissue, headache and psychological injuries.

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

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Rainbow International Restoration of Halifax v. Chen

Court

Nova Scotia Small Claims Court

The Claimant is entitled to restitution because the Defendant received the benefit of emergency remediation, the Claimant suffered a corresponding deprivation by performing and invoicing for the work, and there was no contract or other juristic reason absolving the Defendant of payment; the Claimant's industry-standard charges are reasonable and the Defendant must pay $5,793.78 plus costs.

Source excerpt

• Remediation services
• Apparent authority
• Emergency work pricing
• Quantification of damages
• Mitigation of loss

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