Canada Case Law

Kirby v. Turner

Court

Supreme Court of British Columbia

Defendants owed a duty of care to their client sellers (the McNallys) but not to the non-client buyers (the Kirbys) because no proximate relationship was established; the applicable standard of care in October 2020–March 2021 permitted seller identity verification up to completion consistent with FINTRAC/CREA practices then in force, the particular email impersonation fraud was not a known industry risk at the time, the defendants met the standard, causation was not established on the plaintiffs' case, negligent misrepresentation failed for lack of a special relationship and actionable false…

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• Duty of care
• Proximity
• Standard of care
• Causation
• Vicarious liability
• Identity verification

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R. v. J. Cote and Son Excavating Ltd.

Court

Supreme Court of British Columbia

The court convicted J. Cote and Son Excavating Ltd. of criminal negligence causing death and bodily harm after a trench collapse, but acquitted David John Green.

• Criminal negligence causing death
• Criminal negligence causing bodily harm
• Manslaughter (unlawful act)
• Geotechnical certification interpretation
• Trench and excavation safety
• Workers compensation act compliance

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1153765 B.C. Ltd. v. Dann

Court

Supreme Court of British Columbia

The court found an oral construction management agreement was illegal under the HPA, but allowed quantum meruit recovery with deductions for warranty cost and profit.

• Homeowner protection act
• Licensing of builders
• Illegality (ex turpi causa)
• Quantum meruit
• Management fee
• New home warranty insurance

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Harness Racing B.C. Society v. Orangeville Raceway Limited

Court

Supreme Court of British Columbia

The court dismissed a quia timet interlocutory injunction seeking to stop a racetrack rodent abatement closure, finding no strong prima facie contract right or imminent irreparable harm.

• Breach of contract
• Duty of good faith in contractual performance
• Quia timet injunction
• Interim injunction
• Conversion
• Unlawful interference with economic interests

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Samarakoone v. The Law Society of British Columbia

Court

Supreme Court of British Columbia

Judicial review of a Law Society administrative penalty succeeded because the June 10, 2020 trust receipt was exempt from Rules 3-102 and 3-104.

• Client identification and verification
• Administrative penalty process
• Procedural fairness
• Statutory rule exemptions
• Judicial-review
• Administrative-penalty

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Kramer v. Ballantyne-Gaska

Court

Court of Appeal for Ontario

The Court of Appeal upheld the trial judge's findings of fraudulent misrepresentation and breach of contract, affirmed the interpretation that the TSSA clause required the appellants to provide a report confirming a safe and legally compliant fuel tank system which survived closing, and held that damages measured by the cost to replace the tank system were recoverable as they arose naturally from the breach and were within the parties' contemplation; no adjournment or new trial was warranted for the Pierringer disclosure and appellants failed to prove betterment.

Source excerpt

• Breach of contract
• Fraudulent misrepresentation
• Negligent misrepresentation
• Damages assessment
• Contract interpretation
• Pierringer agreement

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Bosco v. Mentor Worldwide LLC

Court

Supreme Court of British Columbia

The court partially certified a breast-implant class action, allowing common issues about silicone-related BII and CTDs to proceed, but refusing broader toxin-focused issues.

• Breast implants
• Failure to warn
• Breast implant illness (bii)
• Gel bleed
• Silicone toxicity
• Platinum and heavy metals

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Inlet Navigation (1985) Ltd. v. British Columbia

Court

Supreme Court of British Columbia

The court dismissed a statutory appeal over motor fuel tax penalties, holding the dealer was properly notified of FIN 430 obligations and the penalties were lawfully applied.

• Motor fuel tax
• Penalties and interest
• Administrative appeal
• Compliance certificates
• Standard of review
• Motor-fuel-tax

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Entrepôt Frigorifique International Inc. v. The King

Court

Tax Court of Canada

The Minister failed to prove on a balance of probabilities that Entrepôt Frigorifique or its employees participated in, were complicit in, or were wilfully blind to a scheme of false or accommodation invoices and supplier non‑remittance; appellant produced compliant invoices, verified supplier registrations, and acted in good faith, so the out‑of‑time reassessment under s.298(4) could not be sustained and the ITCs and denial of s.285 penalties were restored/vacated.

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• Input tax credits (itcs)
• False/accommodation invoices
• Reassessment limitation and burden of proof (s.298(4))
• Gross negligence penalties (s.285)
• Supplier verification obligations

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Ding v. Canam Super Vacation Inc.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a product-liability appeal over a tour bus without seatbelts, but allowed the costs appeal in part and adjusted the trial-cost order.

• Negligent design
• Failure to warn
• Causation
• Industry and regulatory standards
• Feasibility of alternative design
• Sanderson/bullock orders

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