Canada Case Law

G.D. v. South Coast British Columbia Transportation Authority

Court

Supreme Court of British Columbia

The pleadings disclose a viable cause of action under s.1 of the Privacy Act and, on the evidentiary record (TransLink's investigation identifying accessed folders and individualized notifications plus expert reports), there is some basis in fact for an identifiable class and for common issues concerning access, breach of statutory duties under FIPPA, and wilful violation under the Privacy Act; a class proceeding is the preferable and efficient mechanism to resolve these common issues, while claims for vicarious liability and restitutionary disgorgement lack evidentiary foundation and are not…

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• Privacy act s.1
• Fippa s.30
• Cpa certification requirements s.4(1)
• Aggregate damages and nominal/punitive damages
• Vicarious liability (rejected)

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British Columbia v. Apotex Inc.

Court

Supreme Court of British Columbia

The court accepted the Province's construction of the ORA's three-stage framework and held that at Stage 1 only documents material to the specified common issues (1, 2, 8 and 43) are relevant; broad defense demands for documentary production from the representative plaintiff and class members are premature and overbroad and therefore dismissed except that the Province must produce limited classes of documents relevant to the unjust enrichment claim (documents related to the Province's opioid purchases and documents relating to circumstances where opioid use by an insured person is not medical…

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• Opioid damages and health care costs recovery act (ora)
• Document disclosure and discovery
• Staging of trial under statute
• Discovery from class members (cpa s.17)
• Duty to warn
• Unjust enrichment

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The Owners, Strata Plan EPS 6871 v. Amadon Westwater Projects Ltd.

Court

Supreme Court of British Columbia

The court exercised its discretion under Rule 6-2(7)(c) to add the individual original purchasers as plaintiffs because a real triable issue existed between those purchasers and the defendants relating to the relief and subject matter, adding them was just and convenient, there was no undue prejudice or deliberate misconduct sufficient to nullify the proceeding, and the defects were curable; accordingly the defendants' application to strike the entire claim was dismissed (except Axis by consent) and the claim against Tenfold was not struck pending trial.

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• Standing
• Representative proceedings
• Adding parties
• Striking pleadings
• Misrepresentation
• Breach of contract

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All Seasons Roofing (2001) Ltd. v. Newport Village Courtenay Developments Ltd.

Court

Supreme Court of British Columbia

La Cour a conclu que le privilège de construction avait été déposé hors délai, a ordonné son annulation ainsi que celle de la CPL, et a refusé les dépens spéciaux.

• Builder's lien extinguishment
• Substantial completion
• Certificate of completion procedure
• Lien filing deadlines
• Costs on application
• Builders-lien-act

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Nova Scotia (Director of Maintenance Enforcement) v. D.R.B.

Court

Supreme Court of Nova Scotia

The Director established the arrears and satisfied the presumption under s.37(2); the respondent presented no evidence to rebut the presumption of ability to pay or to challenge the statement of arrears. On that basis the court found the respondent in default without valid reason and, exercising its discretion under s.37(3), entered judgment for $32,399.10 and imposed reporting and disclosure obligations, a structured payment schedule to retire arrears by January 1, 2028, and an intermittent 30-day weekend imprisonment for each default with a warrant to issue on written notice from the Direct…

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• Maintenance arrears
• Presumption of ability to pay
• Variation
• Substituted service
• S.37 remedies
• Payment schedule

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Darwin Construction (BC) Ltd. v. PC Urban Glenaire Holdings Ltd.

Court

Supreme Court of British Columbia

The court declined to cancel Darwin Construction’s lien, but reduced the lien security from $3,085,612.93 to $500,000 and awarded costs to the defendants.

• Builders lien act s.25 (cancellation)
• Builders lien act s.24 (security)
• S.16 apportionment
• S.20 time for filing lien
• Frivolous/vexatious/abuse of process test
• Reduction of security

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Feng v. Bao

Court

Supreme Court of British Columbia

The court dismissed a shareholder oppression petition seeking winding up or buyout, but ordered Thingooder Holdings Ltd. to provide an accounting of management fees.

• Oppression remedy
• Minority shareholder rights
• Access to corporate records
• Management fees and dividends
• Winding up and buyout
• Oppression-remedy

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Chancellor v. Maynes

Court

Supreme Court of British Columbia

The court dismissed a shareholder-dispute action, holding most claims barred by res judicata and the remaining financial-contribution claim time-barred.

• Shareholders agreement
• Breach of fiduciary duty
• Derivative action
• Liquidation and dissolution
• Disgorgement of profits
• Issue estoppel

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Blanch v. Everhard

Court

Nova Scotia Small Claims Court

Adjudicator found on the balance of probabilities that the claimant was only a party to the May 14, 2017 agreement; the May 14, 2017 document was ambiguous as to its legal character and, in the absence of expert evidence or clear proof of the parties' legal obligations or proven breaches, the court could not determine liability; accordingly both the claim and counterclaim were dismissed and no costs ordered.

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• Lease-to-own agreements
• Agreement of purchase and sale
• Mortgage characterization
• Contract formation and signature
• Termination and possession
• Evidence and burden of proof

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Doucette v. Canada (Attorney General)

Court

Federal Court

The Federal Court struck Alan Doucette’s claim over alleged naval mold exposure, finding the action barred by statutory benefits and unexhausted military remedies.

• Jurisdiction
• Exhaustion of statutory remedies
• Strike pleadings
• Crown immunity (s.9 clpa)
• Grievance procedure (s.29 nda)
• Punitive damages

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