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Real estate law 2023 BCSC 500

The Owners, Strata EPS401 v. Findlay

A strata corporation succeeded in a REDMA misrepresentation claim over promised renovations and reserve funding, and the director was held personally liable.

  • Misrepresentation in disclosure statement
  • Standing and representative actions
  • Director liability
  • Damages assessment
  • Limitation period
  • Misrepresentation
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Tort 2019 BCSC 581

Waterway Houseboats Ltd. v. British Columbia

The court found the Province liable in negligence and the District and McLaughlins liable under the Water Act for flood damage, with damages reduced 25% for contributory negligence.

  • Duty of care
  • Water act approvals and s.21 liability
  • Privative clauses and judicial review
  • Causation and expert hydrological evidence
  • Contributory negligence
  • Damages assessment
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Occupational health and safety 2015 ONCA 693

Curoc Construction Ltd. v. Ottawa (City)

The appeal was dismissed because Curoc failed to prove 'loss or damages' required by s.30(5) OHSA (administrative and legal cost claims were inadequately evidenced or speculative), and absence of proven damages meant no genuine issue for trial under Rule 20.04(2)(a); declaratory relief was properly refused as the proposed declarations were speculative regarding future third‑party rights and lacked utility.

  • Section 30(5) ohsa
  • Declaratory relief
  • Summary judgment
  • Damages
  • Asbestos exposure
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Environmental law 2014 BCSC 1619

J.I. Properties Inc. v. PPG Architectural Coatings Canada Inc.

The court held ICI liable for remediation costs at James Island, rejected limitation and exemption defenses, and awarded J.I. Properties $4.75 million.

  • Contaminated sites
  • Remediation cost recovery
  • Responsible person
  • Certificate of compliance
  • Innocent acquisition
  • Allocation of costs
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Tort 2007 ONCA 557

Finlayson v. GMAC Leasco Limited

By leasing the truck GMAC consented to the lessee's possession even though the lease prohibited operation; s.192(1) imposes owner liability where vehicle is in another's possession with the owner's consent and such statutory liability cannot be contracted out, therefore GMAC is vicariously liable for negligent operation by Simon.

  • Vicarious liability
  • Possession versus operation of vehicle
  • Highway traffic act s.192(1)
  • Lease agreements
  • Contractual exclusion of drivers
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Tort 2001 BCSC 1351

Jackson v. Bayes

A horse escaped onto a highway and was struck by the plaintiff’s car. The court found both the horse owner and the driver negligent and apportioned liability 1/3 to the defendant and 2/3 to the plaintiff.

  • Liability for livestock at large
  • Contributory negligence
  • Causation
  • Damages - pain and suffering
  • Aggravation of pre-existing condition
  • Apportionment of liability
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Tort 2000 BCSC 369

Dimaulo v. Sun Peaks

The court struck the Real Estate Act claim but allowed fraudulent and negligent misrepresentation claims to proceed, and granted 14 days to amend pleadings.

  • Fraudulent misrepresentation
  • Negligent misrepresentation
  • Real estate act s.75 deemed reliance
  • Rule 19(24) striking
  • Fraudulent-misrepresentation
  • Negligent-misrepresentation
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Torts [1975] 1 SCR 592

Mitchell v. Canadian National Railway Co.

The Supreme Court of Canada allowed the appeal in a railway negligence case involving an injured child on an icy right of way, with damages to be apportioned.

  • Duty to warn licensees
  • Statutory fencing duty (railway act s.214(1)(a))
  • S.336 statutory liability
  • Contributory negligence and apportionment
  • Child trespasser/licensee standards
  • Obvious vs concealed danger
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Tort [1974] SCR 1181

Hébert v. Lamothe

The Supreme Court of Canada held both drivers negligent in a fog-related rear-end collision, apportioning liability equally and awarding damages on a 50/50 basis.

  • Rear-end collision
  • Liability of vehicle owner for minor's driving (mandator)
  • Speed and visibility
  • Failure to equip rear lights
  • Apportionment of liability
  • Assessment of damages
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Motor vehicles [1973] SCR 621

Mussens Ltd. v. Verhaaf

The Supreme Court of Canada held that a vehicle owner was liable under Quebec’s Highway Victims Indemnity Act despite workers’ compensation coverage, and it upheld reductions in damages.

  • Owner liability
  • Highway victims indemnity act s.3
  • Workmen's compensation act
  • Damages assessment
  • Future medical expenses
  • Funeral expenses
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