Canada Case Law

Cavanaugh v. Grenville Christian College

Court

Court of Appeal for Ontario

The Court of Appeal dismissed the appeal and affirmed the trial judge: the trial judge did not misapprehend or misapply expert evidence and reasonably found, on a full review of lay and documentary evidence and expert opinion, that Grenville’s institutional practices fell below the applicable standard of care during the Class Period, breached fiduciary obligations, and warranted punitive damages; defence evidence was considered and did not undermine the systemic negligence finding.

Source excerpt

• Duty of care
• Systemic negligence
• Foreseeability of emotional harm
• Fiduciary breach
• Expert evidence
• Credibility assessment

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Belknap v. Hicks

Court

Supreme Court of British Columbia

Application to strike paragraphs of a medical negligence pleading was allowed in part. The court struck references to discontinued parties and narrowed vague allegations.

• Strike pleadings
• Similar‑fact evidence
• Pleading particularity
• Punitive damages admissibility
• Privilege and settlement confidentiality
• Strike-pleadings

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Gichuru v. Smith

Court

British Columbia Court of Appeal

The Court of Appeal varied a chambers order, allowing amendment of a breach of contract claim against Howard Smith personally, but upholding rejection of punitive damages.

• Wrongful dismissal
• Breach of contract
• Breach of fiduciary duty
• Summary dismissal / striking pleadings
• Piercing the corporate veil
• Punitive damages

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