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Tort 2025 NSSC 10

Havelka v. Greenfield Construction Ltd.

Court
Supreme Court of Nova Scotia

The respondents established that the wharf reconstruction was authorised by federal statute, Greenfield acted as Canada’s agent and the nuisances complained of were either inevitable consequences of properly exercising statutory authority or were mitigated by reasonable steps taken; no actionable negligence was proven, and therefore Canada and Greenfield are not legally liable for the claimed nuisance.

Source excerpt

  • Nuisance
  • Statutory authority defence
  • Crown immunity/agency
  • Negligence
  • Remedies and costs
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Contract law 2014 FC 968

Canada v. Parenteau

Court
Federal Court

The Federal Court allowed the Crown’s action to recover a ROTP debt, holding Quebec prescription applied and had not expired when the claim was filed.

  • Debt recovery
  • Limitation period/prescription
  • Promissory note enforcement
  • Queen's regulations and orders (qr&o)
  • Cfao obligations
  • Indemnity under civil code of québec
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Patent law 2014 FC 831

Brown v. Canada

Court
Federal Court

On a summary judgment motion, the Federal Court held Brown was a public servant under the PSIA and his nondisclosure was material, but trial was needed on wilfulness.

  • Public servants inventions act disclosure obligations
  • Patent act s.53 invalidity for untrue material allegations
  • Crown liability and proceedings act ss.8 and 22 (crown immunity)
  • Summary judgment standards
  • Materiality and wilfulness in patent petitions
  • Patent-invalidity
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Maritime law 2013 FCA 217

Canada v. Toney

Court
Federal Court of Appeal

Majority: The Federal Court of Appeal allowed Alberta's appeal and held the Federal Court lacks in personam jurisdiction over Alberta in this action because Parliament did not show a clear, express or irresistibly inferred intention to bind provincial Crowns in section 22 (and related provisions) of the Federal Courts Act; necessary implication and waiver arguments fail and provincial statutes do not permit suit in the Federal Court in these circumstances.

Source excerpt

  • Crown immunity
  • Federal court in personam vs in rem jurisdiction
  • Interpretation act s.17 / provincial interpretation provisions
  • Marine liability act
  • Necessary implication and waiver
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Workers' compensation law 2013 BCCA 291

Aitken v. Minister of Public Safety

Court
British Columbia Court of Appeal

The Court of Appeal held that the Workers Compensation Act barred a worker’s action against the Minister under s. 11 of the Police Act, and dismissed the Minister from the case.

  • Statutory bar to actions by workers
  • Vicarious liability of crown for police torts
  • Wcat jurisdiction and privative clauses
  • Interpretation of police act s.11
  • Crown proceedings act interaction
  • Policy‑formulation liability
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Civil procedure 2013 FC 198

Buffalo v. Canada

Court
Federal Court

The Federal Court granted the Crown leave to amend its defences to add specific limitations provisions and further particulars, finding no serious prejudice and that justice favored addressing the issues at trial.

  • Amendment of pleadings
  • Limitation defences
  • Situs of cause of action
  • Section 39 federal courts act
  • Ontario limitations act
  • Alberta limitations act
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Maritime law 2010 FC 865

Canada v. Artificial Reef Society of Nova Scotia

Court
Federal Court

The Federal Court quashed a warrant of arrest against the ex HMCS Fraser, holding that section 14 of the CLPA bars in rem arrest of Crown ships.

  • Crown liability and proceedings act s.14
  • Arrest in rem
  • Sovereign immunity of crown ships
  • Federal courts rules r.481
  • Federal courts act s.43(7)
  • Crown-immunity
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Tort law 2007 NSCA 57

Nova Scotia (Attorney General) v. B.M.G.

Court
Nova Scotia Court of Appeal

The appeal was arguable and denial would cause irreparable harm because the respondent could not realistically repay the $723,125 judgment if he spent it; the balance of convenience was variable and could be addressed by conditions, therefore payment was suspended pending appeal provided the Province pays the full judgment into the respondent's solicitors' trust by a fixed date and the respondent provides a first mortgage on specified property as a condition for an interim payment of up to $100,000; costs of the application were fixed at $500.

Source excerpt

  • Stay/suspension of payment pending appeal
  • Vicarious liability
  • Damages assessment
  • Security conditions for interim payment
  • Proceedings against the crown act s.20(4)
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Tort 2005 BCCA 158

M.R. v. British Columbia

Court
British Columbia Court of Appeal

Appeal on foster-care sexual abuse claims remitted for trial on direct negligence; non-delegable duty could not sustain liability. Cross-appeal on damages was dismissed.

  • Sexual assault
  • Foster care
  • Non-delegable duty
  • Negligence
  • Crown immunity
  • Damages
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.