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Municipal law 2023 BCSC 402

1033040 B.C. Ltd. v. Lumby (Village)

The court dismissed a motion to file a further amended claim because many proposed damages duplicated issues already within the EPA compensation process.

  • Emergency powers
  • State of local emergency
  • Emergency program act s.19
  • Community charter s.33
  • Expropriation act s.41
  • Trespass
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Administrative law 2021 FC 834

Bergen v. Canada (Agriculture and Agri-Food)

The Deputy Assessor dismissed the Bergens’ appeal against the CFIA’s elk compensation award, finding the Minister’s market-value valuation reasonable and denying costs.

  • Compensation for destroyed animals
  • Valuation methodology
  • Health of animals act s51 and s56
  • Chronic wasting disease (cwd)
  • Procedural fairness
  • Expert evidence and credibility
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Real property 2019 NSSC 73

Innes v. Childs

Respondents are not entitled to compensation under the Land Registration Act because they suffered no legally compensable loss: the de facto boundary had long been the fence and predecessors acquired prescriptive rights; Respondents had actual knowledge of the boundary; the LRA excludes compensation for losses arising from discrepancies between registered descriptions and actual boundaries and imposes limitation constraints; consent orders effectuated the correct boundary so no loss occurred.

  • Rectification of title
  • Compensation under land registration act
  • Adverse possession/prescriptive title
  • Boundary dispute
  • Limitation period
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Administrative law 2006 FC 1506

Kreshewski v. Canada (Minister of Agriculture and Agri-Food)

The appeal was dismissed because the Assessor found the compensation for destroyed cattle and sheep was reasonable and could not include quarantine or cleanup costs.

  • Compensation for destroyed animals
  • Interpretation of health of animals act
  • Regulatory maximums for compensation
  • Compensability of quarantine and clean-up costs
  • Compensation-for-destroyed-animals
  • Health-of-animals-act
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Administrative law 2005 FC 1624

Diamond Hill Farms v. Canada (Minister of Agriculture)

The appeal was dismissed because compensation under the Plant Quarantine Regulations was capped at 80% and did not include pesticide costs.

  • Compensation
  • Plant quarantine
  • Regulatory limits
  • Statutory interpretation
  • Exclusion of incidental costs
  • Administrative-law
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Torts 2004 BCSC 510

Redden v. Maxon

The court held that Family Compensation Act damages are limited to pecuniary loss, rejected a seatbelt-based contributory negligence defence, and awarded $41,000.

  • Wrongful death
  • Damages assessment
  • Loss of household services
  • Loss of support
  • Contributory negligence (seatbelt)
  • Actuarial evidence
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Labour law [1933] SCR 548

Geoffroy et al. v. Anglo Canadian Pulp & Paper Mills Ltd.

Le tribunal conclut à une faute inexcusable de l’employeur sous la loi des accidents du travail et augmente l’indemnité à 10 000 $, moins 3 000 $ déjà versés.

  • Workmen's compensation act
  • Inexcusable fault
  • Employer liability
  • Assessment of increased statutory compensation
  • Apportionment between widow and children
  • Workers-compensation
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Torts (1911) 46 SCR 629

Grand Trunk Pacific Ry. Co. v. Brulott

Appeal dismissed in a railway negligence case about obeying orders, contributory negligence, and whether volens had to be pleaded.

  • Volens (assumption of risk)
  • Contributory negligence
  • Duty to obey orders
  • Pleading requirements
  • Trial direction to jury
  • Volenti-non-fit-injuria
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Torts (1902) 32 SCR 126

Warmington v. Palmer

The Supreme Court of Canada restored a plaintiff’s verdict for a mine injury, holding the defendants negligent and rejecting contributory negligence based on ignored safety signals.

  • Negligence
  • Contributory negligence
  • Employees' liability act
  • Safety rules and custom
  • Damages limit
  • Contributory-negligence
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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.