Canada Case Law

Leean International Corp. v. CF Energy Corp.

Court

Supreme Court of British Columbia

The court granted derivative leave because the applicant proved it acted in good faith and the claim was in CF Energy's best interests: the underlying contractual claim was viable and substantial; the respondent's evidence of a board decision to litigate in China was too vague to attract full business-judgment deference, and there is a reasonable prospect an Ontario court would extend time to permit service of the 2022 Statement of Claim; accordingly leave under s.232(2) BCA was appropriate while security for costs was deferred and left open for later application.

Source excerpt

• Derivative action
• Leave to proceed
• Good faith
• Best interests of company
• Business judgment rule
• Forum selection clause

Read case analysis

The Owners, Strata Plan KAS 1886 v. Zavier

Court

British Columbia Court of Appeal

Appeals over strata fee recovery allowed. The court held the limitation analysis missed part payments, refused fresh evidence for lack of diligence, and remitted the petitions.

• Statute of limitations
• Part payment acknowledgement
• Fresh evidence (palmer doctrine)
• Remittal for rehearing
• Recovery of strata fees
• Limitation-periods

Read case analysis

Krytskyy v. Canil

Court

Supreme Court of British Columbia

Application to renew an expired notice of civil claim was dismissed, and an alternative joinder application was also refused, after repeated counsel errors and presumed prejudice.

• Renewal of notice of civil claim
• Substituted service
• Joinder / adding parties
• Prejudice from delay
• Costs
• Renewal-of-notice-of-civil-claim

Read case analysis

Rabinowitz v. The Owners, Strata Plan BCS 183

Court

Supreme Court of British Columbia

Application to add CMI Concierge & Security Inc. as a defendant after limitation expiry was dismissed because the plaintiff did not rebut prejudice and the proposed amendments were insufficient.

• Adding parties
• Prejudice from delay
• Cause of action on pleadings
• Adjournment of trial
• Duty of care
• Rule 6-2(7)

Read case analysis

Phaneuf v. 0896459 B.C. Ltd.

Court

Supreme Court of British Columbia

The court ordered rectification of two companies’ articles so Class A and Class B shares were participating equity shares. The negligence claim failed for lack of proven loss.

• Rectification
• Shareholder rights
• Articles of incorporation
• Participating shares
• Non-participating shares
• Discoverability

Read case analysis

Van den Berge v. Boyle

Court

Nova Scotia Small Claims Court

The appeal is allowed because the Director's decision was set aside: the Landlord's application was filed outside the mandatory one-year period in s.13 of the Residential Tenancies Act as the second fixed-term lease terminated no later than October 2, 2023 (and alternatively on August 31, 2023), and the Landlord failed to prove that most claimed items arose within the second lease period, so the application must be dismissed as time-barred.

Source excerpt

• Termination of lease
• Notice to quit
• One-year limitation (s.13)
• Possession and re-taking
• Consent to alterations
• Remedies for landlord

Read case analysis

Turcotte c. Le Roi

Court

Tax Court of Canada

Appel contre une cotisation fondée sur l’article 160 rejeté: les dividendes reçus ne constituaient pas une contrepartie pour services rendus, et la dette n’était pas prescrite.

• Section 160 cessionnaire liability
• Dividends vs employment remuneration
• Prescription under s.222
• Related-persons transfers
• Recharacterization of tax planning
• Article-160

Read case analysis

Stewart McKelvey v. Medjuck

Court

Nova Scotia Small Claims Court

The adjudicator found the services provided by Stewart McKelvey had legitimate value and were reasonable in light of the complexity of the litigation, the vigorous defence, and the retainer terms which put the client on notice of hourly billing and use of additional counsel. The risk that the claimant's credibility would fail at trial and that the claim would ultimately be unsuccessful did not render the account unlawful or unreasonable. Accordingly the respondent was ordered to pay the unpaid balance of the account plus the filing cost and a Certificate of Taxation was to issue.

Source excerpt

• Taxation of solicitor's account
• Retainer terms
• Reasonableness of fees
• Fraudulent concealment
• Security for costs
• Certificate of taxation

Read case analysis

Moore v. Cosby

Court

Supreme Court of British Columbia

Family law property division dispute over separation date, limitation period, pension division, and the valuation of the Subdivided Forsyth Property.

• Separation date
• Statute of limitations (s.198 fla)
• Family property vs excluded property
• Valuation date
• Significant unfairness (s.95 fla)
• Division of pension (part 6 fla)

Read case analysis

Pioneer Inn Holdings Ltd. v. Pier Side Landing Hotel Ltd.

Court

Supreme Court of British Columbia

The court dismissed a breach of contract action for want of prosecution after finding about 4 years and 8 months of inexcusable delay and resulting prejudice.

• Want of prosecution
• Delay
• Prejudice
• Summary trial
• Notice of intention to proceed
• Costs

Read case analysis