Canada Case Law

Airbnb, Inc. v. Ware

Court

British Columbia Court of Appeal

Court of Appeal: (1) Dismissed Airbnb, Inc.'s appeal of the chambers judge's dismissal of its jurisdictional objection because Airbnb, Inc. contracted with Canadian Guests prior to June 30, 2014, establishing territorial competence; (2) Allowed Airbnb Canada's appeal and dismissed the claim against it because the pleadings and evidence did not establish a real and substantial connection to British Columbia (Airbnb Canada only provided marketing/support under service agreement); (3) Allowed appeal from certification: chambers judge correctly found pleaded causes of action were not plainly boun…

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• Certification under class proceedings act s.4
• Territorial jurisdiction (cjpta)
• Forum non conveniens
• Statutory illegality
• Restitution vs disgorgement
• Preferable procedure analysis

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Hoffman v. 1719349 Alberta Ltd.

Court

Supreme Court of British Columbia

Although the actions and claims are sufficiently common to permit joinder, the interests of justice and efficiency required severing and staying the realtor negligence claims and proceeding first with a summary trial of the contractual claims against 1719349 Alberta Ltd. and the Watts; the contractual issues are straightforward and capable of summary determination, whereas the negligence claims would require credibility findings and expert evidence that would delay resolution and undermine a prompt summary trial, and a stayed negligence claim can later proceed informed by the summary trial's…

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• Joinder and separation of actions
• Severance and stay
• Summary trial
• Standard of care for realtors
• Damages and indemnity
• Stay of execution

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The Owners, Strata Plan EPS 6871 v. Amadon Westwater Projects Ltd.

Court

Supreme Court of British Columbia

The court exercised its discretion under Rule 6-2(7)(c) to add the individual original purchasers as plaintiffs because a real triable issue existed between those purchasers and the defendants relating to the relief and subject matter, adding them was just and convenient, there was no undue prejudice or deliberate misconduct sufficient to nullify the proceeding, and the defects were curable; accordingly the defendants' application to strike the entire claim was dismissed (except Axis by consent) and the claim against Tenfold was not struck pending trial.

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• Standing
• Representative proceedings
• Adding parties
• Striking pleadings
• Misrepresentation
• Breach of contract

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1022081 B.C. Ltd. v. Heer

Court

Supreme Court of British Columbia

The court held that the plaintiffs' notice of civil claim pleads a claim to an interest in land because it seeks specific performance to obtain transfers of the strata lots and pleads proprietary estoppel as an equitable claim to property; therefore the statutory threshold in s.215 LTA is met and the CPLs were properly registered, so the defendants' application to cancel them is dismissed.

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• Certificate of pending litigation
• Specific performance
• Proprietary estoppel
• Land title act s.215
• Lis pendens
• Cancellation of cpl

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Cameron Stephens Mortgage Capital Ltd. v. Square Nine King George Development Ltd.

Court

Supreme Court of British Columbia

The court granted Square Nine interim CCAA relief and adjourned the competing receivership application, finding CCAA a viable alternative while sales and marketing continued.

• Receivership
• Companies' creditors arrangement act (ccaa)
• Dip financing
• Administration charge
• Redma disclosure requirements
• Appointment of monitor

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Wilson v. Koch

Court

Supreme Court of British Columbia

The court allowed amendments to a third party notice in part, but refused a new knowing-assistance claim for lack of particulars and barred non-pecuniary damages under WESA.

• Amendment of pleadings
• Knowing assistance
• Breach of fiduciary duty
• Special damages (litigation costs)
• Non-pecuniary damages
• Limitation periods

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Annable v. Devencore Company Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Mark Annable’s appeal, holding that Real Estate Services Act s. 31 did not give him a trust claim to commission funds he had not earned under his contract.

• Statutory trust
• Commission trust account
• Breach of trust
• Contractual entitlement to commission
• Withdrawal of trust funds
• S.31 real estate services act

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Strug v. I.M.P. Group Limited

Court

Supreme Court of Nova Scotia

The claim is dismissed because caveat emptor applies; the grinder pump is not a latent, undiscoverable defect but an observable component of the property's municipal sewer connection, the Plaintiffs had opportunity to see and inquire about the equipment and chose not to, there was no evidence the system was defective pre-sale or that IMP made fraudulent or non-innocent misrepresentations, and the "as is where is" amendment (inserted after a negotiated price reduction) did not alter this result; proven damages were limited to cleanup ($4,830.44) and modest general damages ($500).

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• Caveat emptor
• Misrepresentation (negligent/fraudulent)
• Latent defect and duty to disclose
• Contractual interpretation and "as is where is" clauses
• Damages (special and general)
• Real estate disclosure obligations

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Ye v. Vesta Properties (Latimer) Ltd.

Court

Supreme Court of British Columbia

The court held that delayed notice of an accelerated completion date made the disclosure statement materially misleading and rendered six pre-sale contracts unenforceable under REDMA.

• Redma disclosure obligations
• Unenforceability of purchase agreements
• Material fact and misrepresentation
• Deposits limit (10%)
• Redma-disclosure-obligations
• Pre-sale-real-estate-contracts

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Grewal v. Salanga

Court

Supreme Court of British Columbia

The court held that each party should bear their own costs after a summary-trial declaration under the Real Estate Services Act, treating RECFC as a regulatory participant.

• Declaratory relief
• Regulatory proceedings
• Real estate services act s.65
• Public interest litigant
• Summary trial costs
• Costs-law

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