Canada Case Law

The Owners, Strata Plan EPS1544 v. Royal & Sun Alliance Insurance Company of Canada and in French, Royal & Sun Alliance du Canada, Societe D'Assurances

Court

Supreme Court of British Columbia

The Receivership Funds Agreement did not substantially alter the landscape of the Condominium Action because its salient terms (receivership, insurer subrogation and cooperation obligations, and the insurer's undertaking to complete certain remedial work potentially using receiver funds) were already disclosed in the pleadings and correspondence; therefore immediate disclosure was not required and LHR's application for a stay or dismissal as an abuse of process was dismissed.

Source excerpt

• Subrogation
• Breach of warranty
• Abuse of process
• Disclosure of settlement agreements
• Receivership funds distribution
• Negligence

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Lees v. Parker

Court

Supreme Court of British Columbia

Plaintiff did not consent to entry or removal of the tree; the trespass was committed by third parties at the direction and for the benefit of the defendant and her partner; defendant knowingly assisted by seeking an arborist and paying the cutter and thus acted in furtherance of a common design, making her a joint tortfeasor. Compensatory damages awarded for restoration ($41,776) and loss of amenity ($10,000); special damages for air conditioning rejected for lack of mitigation and evidentiary support; punitive damages awarded ($10,000) for deterrence and denunciation.

Source excerpt

• Trespass
• Joint tortfeasor
• Consent
• Mistake
• Damages
• Punitive damages

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Samson v. Boutilier

Court

Supreme Court of Nova Scotia

Denial of respondent's variation application because the Partition Act does not permit variation of a final order; grant of applicant's enforcement motion to ensure compliance with consent orders regarding sale of the Haliburton property; costs awarded to successful party based on reasonableness of fees, complexity, two-day contested hearing, respondent's obstructive conduct, and application of lump sum approach, resulting in 80% of reasonable fees equating to $20,956.

Source excerpt

• Enforcement of court orders
• Variation of orders
• Costs assessment
• Partition act jurisdiction

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Groves v. Luedee

Court

Supreme Court of Nova Scotia

The applicant proved unjust enrichment in respect of specific monetary contributions, assumption of renovation debt and unpaid labour linked to the respondent's home, entitling him to a monetary award on a quantum meruit basis of $17,865.65; there was insufficient evidence of a shared intention, economic integration or other indicia of a joint family venture to support proprietary or value‑survived relief, so equitable proprietary remedies were denied.

Source excerpt

• Unjust enrichment
• Quantum meruit
• Value survived
• Joint family venture
• Constructive trust
• Preservation order

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Patrick Street Holdings Ltd. v. 11368 NL Inc.

Court

Supreme Court of Canada

The Supreme Court of Canada dismissed Patrick Street’s appeal, holding that cause of action estoppel barred its renewed claim to payment under a $4 million mortgage.

• Res judicata
• Cause of action estoppel
• Issue estoppel
• Abuse of process by relitigation
• Pleading obligations
• Power of sale

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Melanson v. Langille

Court

Supreme Court of Nova Scotia

The court found the four adjoining parcels together constituted the matrimonial home under s.3 of the MPA because they were acquired during the marriage and used for the use and enjoyment of the residence; the disposition by the deceased contravened s.8(1) (no consent, release, court order or designation) and the grantee failed to show acquisition for valuable consideration in good faith without notice, so the conveyance was set aside under s.8(2). Having found unreasonable impoverishment of the matrimonial assets and that equal division would be unfair and unconscionable under s.13 (due to d…

Source excerpt

• Matrimonial home definition
• Disposition of matrimonial home under section 8 mpa
• Setting aside conveyance
• Unequal division under section 13 mpa
• Affidavit of status sufficiency
• Probate and estate interests

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Tsawwassen First Nation v. Martinolich

Court

Supreme Court of British Columbia

The Retaining Wall, Fill and Concrete Pad directly encroached onto TFN's Lot 4 and, by remaining after notification, constituted a continuing trespass at common law and under the TFN Land Act; the 2014 construction of a substantial new retaining wall inside the Bluff Management Zone without required improvement permits, committee approval or a sealed geotechnical opinion breached the Headlease and TFN building regulation; equitable relief in the form of a mandatory injunction ordering removal and restoration is warranted and TFN is entitled to solicitor-client costs under the clear indemnity…

Source excerpt

• Trespass
• Injunctive relief
• Lease/headlease compliance
• Solicitor-client costs indemnity
• Land management/bluff stabilization
• Statutory trespass under land act

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Carew (Estate of) v. Carew

Court

Supreme Court of Nova Scotia

The Estate is the recorded owner and qualifies as landlord under the OTA; the respondent occupies 23 Railroad Street without legal title or rent and is overholding; the Complaint under the OTA was proved and an Order for Possession was properly granted, subject to a reasonable vacate period and without extinguishing any separate probate or proprietary claims the respondent may bring.

Source excerpt

• Order for possession
• Overholding tenants act
• Estate administration
• Occupancy disputes
• Constructive trust
• Unjust enrichment

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O’Brien v. Grand Forks (City)

Court

Supreme Court of British Columbia

Accepted the expert appraisal value of $64,000 (and the 2021 expropriation appraisal of $62,500/advance payment $62,511.51), rejected plaintiff's unsupported $180,000 valuation and claim for replacement; awarded disturbance damages limited by s.34: six months rent at $342/month ($2,052) and proven moving expenses of $392.05, plus interest from date of expropriation; rejected claim for owner's time and litigation costs; plaintiff not awarded costs.

Source excerpt

• Compensation
• Disturbance damages
• Market value
• Advance payment
• Relocation costs

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Oranchuk v. Oranchuk

Court

Supreme Court of British Columbia

Although the plaintiff conferred some benefit and suffered a corresponding deprivation, the court found a juristic reason for the enrichment in the implied reciprocal arrangement exchanging labour for accommodation and, alternatively, that the plaintiff's expectations were unreasonable; further, the claim was barred by laches because of long acquiescence and delay. The unjust enrichment claim was dismissed and no constructive trust was imposed.

Source excerpt

• Unjust enrichment
• Constructive trust
• Laches / acquiescence
• Implied contract (labour for accommodation)
• Credibility and evidence

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