Canada Case Law

Green v. Nova Scotia (Community Services)

Court

Supreme Court of Nova Scotia

The court granted summary judgment dismissing the plaintiff's claim against Justice Forgeron on the basis of judicial immunity and awarded lump sum costs of $3,500 to Justice Forgeron, applying a Tariff C maximum of $500 with a multiplier of 4 plus an additional $1,500 for the plaintiff's persistence after being offered a discontinuance without costs.

Source excerpt

• Summary judgment
• Judicial immunity
• Tariff c costs
• Notice of discontinuance and offers to discontinue

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Galena Contractors Ltd. v. Zarelli

Court

Supreme Court of British Columbia

Application for an ex parte interlocutory injunction granted to stop obstruction of authorized road works near Perry Ridge, with enforcement and service directions.

• Interlocutory injunction
• Crown prosecution discretion
• Police operational discretion
• Mischief (criminal code)
• Service and substitutional service
• Transfer of venue

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Hlatky v. Royal Bank of Canada

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an application to extend time to seek review of a chambers order in a foreclosure matter, found the proposed appeal lacked merit, and removed the Department of Indian and Northern Affairs as a respondent.

• Extension of time
• Review of chambers decision
• Foreclosure and conduct of sale
• Removal of improperly named party from style of cause
• Costs
• Extension-of-time

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Commission Scolaire du Fer v. The Queen

Court

Tax Court of Canada

The bills represented cost‑sharing in connection with the lease/supply of real property (Blocks C and D); that activity constituted a 'commercial activity' under the Excise Tax Act and the amounts billed were not exempt supplies nor mere agent reimbursements. Therefore the billing was a taxable supply and GST was chargeable; the Crown's assessments were upheld.

Source excerpt

• Goods and services tax
• Exempt supplies (schedule v part vi)
• Input tax credits and rebates
• Commercial activity definition
• Supply of real property/lease vs service

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Eurocan Pulp & Paper Co. v. Communications, Energy & Paperworkers Union of Canada, Local 298

Court

Supreme Court of British Columbia

The court dismissed Eurocan’s application for an interlocutory injunction against union picketing, finding no prima facie case had been made out on the evidence.

• Interlocutory injunction
• Picketing
• Freedom of expression (charter s.2(b))
• Police neutrality
• Access to premises
• Nuisance

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Tacan v. Canada

Court

Federal Court

The Federal Court dismissed a motion to assign the plaintiffs’ claims against the Crown to a First Nation, finding maintenance concerns and a statutory bar under the Financial Administration Act.

• Assignment of claims
• Maintenance and champerty
• Crown debt
• Financial administration act s.67
• Federal court rule 117
• Assignment-of-claims

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Ward v. Clark

Court

British Columbia Court of Appeal

The Court of Appeal held that Glen Clark’s remarks about Robert Ward were protected by qualified privilege and dismissed the defamation action.

• Qualified privilege
• Malice
• Publication to the public
• Justification/meaning of words
• Occasion of privilege
• Scope of privileged occasion

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Horvath v. Thring

Court

British Columbia Court of Appeal

The Court of Appeal amended a trial order to record fault rather than liability and dismissed the Crown from the action because statutory bars applied.

• Vicarious liability
• Statutory immunity
• Apportionment of fault
• Split trial (liability/damages)
• Pleading and amendment
• Finality of entered orders

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N.I.P.v. Blencoe

Court

Supreme Court of British Columbia

The court dismissed Ms. Parker’s claim against the Crown, finding no master-servant relationship with Robin Blencoe and no negligence by the Crown.

• Vicarious liability
• Negligence
• Master and servant
• Crown liability
• Crown proceedings act
• Duty of care

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Hy and Zel's Inc. v. Ontario (Attorney General); Paul Magder Furs Ltd. v. Ontario (Attorney General)

Court

Supreme Court of Canada

The Supreme Court of Canada dismissed appeals challenging the Retail Business Holidays Act, holding the corporate appellants lacked standing to seek declaratory relief.

• Standing
• Freedom of religion (s.2(a) charter)
• Equality rights (s.15 charter)
• Section 1 justification
• Retail business holidays act
• Charter-freedom-of-religion

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