Canada Case Law

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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1261682 B.C. Ltd. v. 617436 B.C. Ltd.

Court

Supreme Court of British Columbia

The court held that 617 broke fundamental representations in an assignment agreement, so 126 was entitled to recover its $500,000 deposit with interest and costs.

• Assignment of contract
• Representations and warranties
• Fundamental term vs warranty
• Repudiation and affirmation
• Duty of honest contractual performance
• Special costs

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Ogunpaimo v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court held that an officer unreasonably found misrepresentation in a study permit file without properly addressing the applicant’s explanation and evidence.

• Procedural fairness letter
• Misrepresentation finding
• Standard of review (reasonableness)
• Assessment of evidence
• Remedies (quash and remit)
• Procedural-fairness-letter

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Yenal v. Sahota

Court

Supreme Court of British Columbia

The court allowed the plaintiff to amend the notice of civil claim to add negligent and fraudulent misrepresentation claims against two defendants after a deck-collapse injury.

• Amendment of pleadings
• Negligent misrepresentation
• Fraudulent misrepresentation
• Standing
• Remoteness
• Causation

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Spring Water Ice Inc. v. 3862143 Canada Inc.

Court

Supreme Court of Nova Scotia

Court held Respondents did not breach the APA by omitting non-assignable vendor contracts; no actionable fraudulent or negligent misrepresentation proven because the vendor rebates were disclosed in provided financial materials and NewCo failed to reasonably rely or to pursue clarifying due diligence; Respondents owe NewCo $94,300.59 (post-closing receipts) and NewCo paid $223,954.85 for pre-closing rebates which are to be addressed against the $300,000 holdback; all other claims dismissed and costs to Respondents subject to submissions.

Source excerpt

• Asset purchase agreement
• Representations and warranties
• Rebates and volume incentives
• Ebitda valuation
• Holdback and post-closing adjustments
• Due diligence

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Bray v. Sergio

Court

Nova Scotia Small Claims Court

The claim was dismissed because the purchasers did not rely on any representations by the vendors (the Property Disclosure Statement was not shown to them and they never communicated with the vendors), and absent reliance there is no principled basis to find liability for nondisclosure of a latent basement defect under the caveat emptor rule and applicable jurisprudence.

Source excerpt

• Caveat emptor
• Latent defects
• Property disclosure statement
• Sellers' duty to disclose
• Home inspection
• Damages

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Kaur v. Canada (Citizenship and Immigration)

Court

Federal Court

Judicial review of a TRV refusal was allowed because the procedural fairness communications did not clearly identify the specific misrepresentation concern.

• Temporary resident visa
• Inadmissibility
• Procedural fairness letter
• Misrepresentation finding
• Judicial review
• Procedural-fairness

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Kaur v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court allowed judicial review of a TRV misrepresentation decision and a related work permit refusal, finding procedural unfairness and unreasonableness.

• Temporary resident visa
• Work permit
• Misrepresentation under s.40(1) irpa
• Procedural fairness notice
• Standard of review (reasonableness/correctness)
• Procedural-fairness

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Harvest Trust v. A. Binns & Company Inc.

Court

Supreme Court of British Columbia

The court held that A. Binns & Company Inc. was the sole purchaser of an ostrich colony and equipment, and ordered payment of the balance owed. Angela Binns was not personally liable.

• Identity of purchaser
• Interpretation of oral agreement
• Bill of sale
• Set-off for defects
• Fraudulent misrepresentation
• Limitation

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New Beginnings Early Learning (White Rock) Ltd. v. CEFA Systems Inc.

Court

Supreme Court of British Columbia

Interim injunction in a franchise dispute preserved school assets and restrained disposal of 40% or more of voting shares pending trial.

• Termination
• Rescission
• Preservation of assets
• Change of control
• Right of first refusal
• Non-assignment/assignment provisions

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