Canada Case Law

B.A. v. J.F.

Court

Nova Scotia Court of Appeal

The appellant failed to perfect the appeal and did not provide credible, evidence-based reasons to excuse the default; the grounds of appeal are in considerable doubt, the appellant has not demonstrated good faith or ability to comply with future deadlines, and the respondent and the court suffer prejudice from ongoing delay—therefore, under Rule 90.43(4) the motion to dismiss is granted and the appeal is dismissed with costs.

Source excerpt

• Failure to perfect appeal
• Dismissal for non-compliance with rules
• Appeal book requirements
• Costs on motion
• Judicial discretion
• Reasonable apprehension of bias

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Blue Green Solar Ltd. v. Lewis

Court

Supreme Court of British Columbia

Appeal dismissed from a small claims judgment over a solar installation dispute, with no palpable and overriding error found in the trial judge’s handling of disclosure and evidence.

• Contract formation
• Set-off
• Disclosure obligations
• Witness credibility
• Admissibility of evidence
• Intimate images statute s.162.1

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Canada (Attorney General) v. Lyons

Court

Federal Court of Appeal

The application for judicial review is dismissed because the Board's decision awarding aggravated and punitive damages was reasonable: the Board considered the relevant Whiten factors and proportionality in the context of the case, provided justified, transparent and intelligible reasons that fall within the range of acceptable outcomes under Vavilov.

Source excerpt

• Punitive damages
• Aggravated damages
• Natural justice
• Reasonableness standard of review
• Proportionality
• Judicial review of administrative decisions

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Zheng v. China Southern Airlines Company Limited

Court

Supreme Court of British Columbia

The court assessed damages after default judgment for wrongful dismissal, awarding 20 months’ notice, aggravated damages, punitive damages and costs.

• Wrongful dismissal
• Reasonable notice
• Good faith and fair dealing
• Aggravated damages
• Punitive damages
• Costs

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D.S. v. J.S.

Court

Supreme Court of British Columbia

The court dismissed the respondent’s applications to admit a late psychological report, adjourn the trial continuation, and alter the trial schedule.

• Family violence
• Admissibility of expert evidence
• Reconsideration of evidentiary rulings
• Adjournment
• Best interests of the child
• Ptsd and damages

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Southwind v. Canada

Court

Federal Court

The Federal Court limited and qualified an expert on cultural geography, excluded some valuation opinions, and held focus group transcripts inadmissible for their truth but usable as opinion basis.

• Expert evidence admissibility
• Hearsay and use of transcripts
• Loss of use valuation
• Retrospective economic assessment
• Gatekeeping role of trial judge
• Expert-evidence

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Humby v. Canada

Court

Federal Court of Appeal

The Federal Court of Appeal affirmed the Federal Court: certified outstanding source-deduction amounts existed and, because source deductions fall within the exceptions to s.225.1(1), the CRA lawfully pursued immediate collection and instructed the Sheriff to seize and sell assets; the Sheriff acted in good faith and commercially reasonably following CRA instructions; A&E's claim was a nullity due to dissolution prior to pleading; many claims were statute-barred under the Limitations Act; appellants failed to establish actionable fault or causation warranting damages—therefore the appeal was…

Source excerpt

• Source deductions (payroll remittances)
• Certification and collection under the income tax act
• Collection restrictions and exceptions (s.225.1)
• Seizure and sale of assets by sheriff
• Good faith and commercial reasonableness of enforcement
• Statute-barred claims under limitations act

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Lac Seul First Nation v. Canada

Court

Federal Court

The Federal Court dismissed Manitoba’s summary judgment motion on a third-party claim arising from Lac Seul flooding, finding trial issues on liability and limitation defenses.

• Flooding compensation
• Lac seul storage agreement (lssa)
• Manitoba natural resources transfer act (mnrta)
• Third party contribution
• Summary judgment (hryniak test)
• Laches

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Canada v. Toney

Court

Federal Court of Appeal

It is not plain and obvious that the Federal Court lacks personal jurisdiction over the Province; the claim falls within navigation and shipping under s.22 and Canadian maritime law applies, and prior case law on 'the Crown' did not address s.22, so the appeal is dismissed.

Source excerpt

• Personal jurisdiction
• Crown liability
• Marine liability act
• Federal courts act s.22
• Exclusive federal jurisdiction

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Macartney v. Warner

Court

Court of Appeal for Ontario

The appeal is allowed in part: (1) the unanimous view that s.266 of the Insurance Act precludes a nervous shock claim is binding so the nervous shock claim is not permitted; (2) only the $10,000 Statutory Accident Benefits death benefits are deductible from the s.61(2)(e) Family Law Act awards because the death benefit is akin to loss of a dependant; (3) a new trial is ordered on the s.61(1) loss of income claim so that entitlement and quantum can be determined and the question of deductibility of other accident and disability benefits in relation to a proven s.61(1) loss can be addressed; (4…

Source excerpt

• Nervous shock
• Wrongful death
• Loss of guidance care and companionship
• Loss of income
• No-fault accident benefits
• Deductions under insurance act s.267

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