Canada Case Law

Ottawa Community Housing Corporation v. Sloan Valve Company

Court

Court of Appeal for Ontario

The appeal is dismissed because (1) the Sale of Goods Act implied warranty claim against Sloan fails as a matter of law where Sloan was not the seller and there was no privity of contract, and (2) OCHC's negligence claim seeks recovery for pure economic loss (increased water costs) absent property damage or danger and thus discloses no reasonable cause of action; the defects could not be cured by amendment.

Source excerpt

• Implied warranty
• Privity of contract
• Pure economic loss
• Negligence
• Negligent misrepresentation
• Motion to strike

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Marshall v. Gain Auto Group

Court

Supreme Court of British Columbia

The court struck the claim against Gain-VI, finding no reasonable cause of action because the pleadings did not show privity, agency, or grounds to pierce the corporate veil.

• Breach of contract
• Implied condition of fitness
• Ostensible/actual agency
• Piercing the corporate veil
• Strike under rule 9-5
• Damages for mental distress

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Wilson Equipment Limited v. Simpson

Court

Nova Scotia Small Claims Court

Adjudicator found the defendant had a reasonable excuse under s.23(2)(a) based on prompt engagement of counsel via delegation to his brother, an honest mistaken email address, timely efforts once the default was discovered, an arguable defence under the Sale of Goods Act, and absence of prejudice to the claimant; exercise of discretion therefore set aside the Quick Judgment and ordered a hearing.

Source excerpt

• Setting aside default/quick judgment
• Reasonable excuse
• Natural justice
• Service and delegation/agency

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Wright Medical Technology Canada Ltd. v. Taylor

Court

Nova Scotia Court of Appeal

The motions judge correctly applied the "some basis in fact" standard, fairly considered both parties' expert evidence without resolving merits, and properly concluded that plaintiff established sufficient common issues (defect and breach of duty) and that a class proceeding was the preferable procedure; certification was therefore affirmed except that a Sale of Goods Act common issue was not certified.

Source excerpt

• Certification
• Common issues
• Preferable procedure
• Expert evidence
• Decertification
• Punitive damages

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Willowbrook Motors Ltd. v. Coast Cylinder Dispatch Ltd.

Court

Supreme Court of British Columbia

El tribunal permitió la apelación y anuló la decisión inferior al concluir que no se probó pérdida real por privación de uso y que las cuotas de arrendamiento no eran daños compensables.

• Implied warranty of fitness
• Repudiation of contract
• Loss of use damages
• Exclusion clauses
• Disclosure/set-off of settlement
• Loss-of-use-damages

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Ma v. Nutriview Systems Inc.

Court

Supreme Court of British Columbia

The court found Brian Thurston made fraudulent misrepresentations about sponsorships, suppliers, and a buy-back guarantee, and granted rescission and a refund.

• Fraudulent misrepresentation
• Rescission
• Entire agreement clause
• Negligent misrepresentation
• Duty of good faith
• Mareva injunction

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Nikka Traders, Inc. v. Gizella Pastry Ltd.

Court

Supreme Court of British Columbia

The court held that cookies sold for export to Japan were subject to an implied condition of fitness for that purpose and awarded damages after customs detention.

• Fitness for purpose
• Implied warranty
• Export to foreign market
• Customs detention
• Damages
• Mitigation

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Norman Bushell House Moving v. Carlson

Court

Nova Scotia Small Claims Court

Failure to document change orders was not fatal where the parties' conduct and the necessity of work evidenced verbal authorization; claimant proved the contract and most extras and is entitled to recover contract price plus adjusted extras; defendants proved specific deficiencies and costs for specified repairs and materials but failed to prove septic system damage causation; claimant was negligent in proceeding without adequate assurance of permit/inspection which justified a nominal general damages award to defendants; net set‑off yields a judgment to claimant of $17,613.17.

Source excerpt

• Breach of contract
• Extras/change orders
• Counterclaim
• Building permits and inspections
• Septic system damage
• Damages (general and special)

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Sawler v. Barrett

Court

Nova Scotia Small Claims Court

The adjudicator found the seller knowingly misrepresented the ATV as well maintained and failed to disclose a known cracked clutch; the misrepresentation induced the sale and the appropriate measure of damages is the cost to put the ATV in the condition represented, assessed at $3,000 plus costs.

Source excerpt

• Misrepresentation
• Implied warranty of fitness
• Caveat emptor
• Measure of damages
• Repair costs

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Manning v. Algard Estate

Court

Supreme Court of British Columbia

The court admitted a deceased declarant’s 1994 police statement, excluded a 2005 statement, and held the estate had better title to four of five Swedish coins.

• Ownership of chattels
• Hearsay admissibility — principled approach (necessity and reliability)
• Bona fide purchaser for value
• Nemo dat quod non habet
• Finder's rights
• Abandonment

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