Canada Case Law

1187331 B.C. Ltd. v. Gill

Court

Supreme Court of British Columbia

Portions of the NOCC that directly challenge the enforceability of the Sandhu Mortgage or implicitly attack its validity (including negligence allegations aimed at proving the mortgagee had knowledge of fraud) constitute a collateral attack on the order nisi in the foreclosure petition and are an abuse of process; those portions are struck without leave to amend and the application for special costs is denied but costs are awarded to the mortgagee at Scale B.

Source excerpt

• Abuse of process
• Collateral attack on order nisi
• Indoor management rule (bca s.146)
• Mortgage enforceability
• Duty of care of mortgagee
• Foreclosure procedure

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The Owners, Strata Plan 962 v. Rochette

Court

British Columbia Court of Appeal

Appeal allowed and claim dismissed because it is a foundational rule that a party cannot recover the costs of the same proceeding as tort damages and there is no principled basis or pleaded category of recoverable pure economic loss to justify an exception; the chambers judge erred in failing to apply this rule and the restrictive principles governing pure economic loss.

Source excerpt

• Duty of care
• Pure economic loss
• Costs as damages
• Strata council conflict of interest
• Strike pleadings
• Res judicata

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Suchy v. Suchy

Court

Supreme Court of British Columbia

Court found a binding oral agreement: Diane provided $90,000 to Darcy to construct an apartment; Diane had a contractual right to occupy rent-free until death or voluntarily leaving. Darcy breached by preventing her return and permitting others to occupy. Damages for loss of accommodation from June 2018 to judgment were awarded ($65,100). Claims for alleged $250,000 insurance and most other claims dismissed. Allen owed a duty of care to Diane and breached professional standards, but Diane failed to prove Allen's breach caused her loss, so claim against him was dismissed.

Source excerpt

• Deed of gift
• Oral agreement and occupancy rights
• Breach of contract remedies (damages v specific performance)
• Duty of care of solicitor to non-client
• Professional conduct (bc code)
• Certificate of pending litigation

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Zentner v. Canada (Attorney General)

Court

Federal Court

The Federal Court struck a proposed class action alleging systemic negligence at Indian Oil and Gas Canada, finding the claims barred by labour-relations statutes and denying certification.

• Statutory ouster of jurisdiction (fpslra s.236)
• Residual jurisdiction and pssra
• Systemic negligence
• Grievance procedures and referability
• Certification under federal courts rules rr.334.16–334.17
• Class-actions

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Miller v. RBC Dominion Securities Inc.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed appeals challenging a costs stay and a strike order, holding the new action was an abuse of process and not a fraud attack on the earlier judgment.

• Res judicata
• Abuse of process
• Fraud vitiating judgment
• Stay of proceedings
• Costs
• Registration of securities representatives

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Waters Edge Leisure Living Ltd. v. French

Court

Nova Scotia Small Claims Court

Both the claim and the counterclaim are statute-barred because the material facts constituting discoverable damage occurred in 2021 more than two years before filings, and no valid written and signed acknowledgement under s.20 of the LOAA was proved to reset the limitation period; typed names or valedictions in emails do not satisfy the statutory signature requirement or the threshold for an acknowledgement as required by s.20(10) and the Electronic Commerce Act does not transform such emails into signed acknowledgements in the absence of prescribed electronic signature verification.

Source excerpt

• Discoverability
• Acknowledgement of liability
• Statute-bar
• Electronic signature validity
• Damage vs damages
• Limitation periods

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Estey v. Attorney General (Nova Scotia)

Court

Supreme Court of Nova Scotia

The court approved the Settlement because, on balance, it fell within the zone of reasonableness: it is a substantial monetary recovery ($32–$34 million), negotiated at arm's length by experienced counsel with a strong factual basis and disclosure, it mitigates trial risks (including s.15/s.1 justificatory defences and lengthy individualized assessments), provides a low-barrier, accessible and confidential claims process tailored to vulnerable claimants, produced no objections after broad notice, and includes appropriate arrangements for fees, honorarium, claims administration and the approve…

Source excerpt

• S.15(1) charter discrimination
• Settlement approval
• Claims administration
• Contingency fees
• Litigation funding
• Social assistance eligibility

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Stein v. PS Motors Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from judicial review of a Civil Resolution Tribunal decision about vehicle repair damage, finding no reviewable error or procedural unfairness.

• Judicial review
• Standard of review - reasonableness
• Procedural fairness
• Credibility findings
• Tribunal jurisdiction and discretion
• Deference to tribunal factfinding

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Nichols v. Lavoie

Court

Supreme Court of Nova Scotia

Motion dismissed because issue estoppel failed (prior trial did not decide the agent’s duty, breach or causation as between agent and plaintiffs and agent was not a party or privy), the action is not an abuse of process (not an attempt to relitigate decided issues and filing was to preserve limitation), and witness immunity does not bar a claim that is based on the agent’s alleged out-of-court failure to advise to update the PDS rather than on her testimony.

Source excerpt

• Issue estoppel
• Abuse of process
• Witness immunity
• Duty of care
• Motion to strike
• Costs

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Jost v. Canada (Attorney General)

Court

Federal Court

Federal Court approved a $6 million class settlement over delayed CAF Reserve Force pension payments, along with class counsel fees, disbursements, and a $10,000 honorarium.

• Class settlement approval
• Certification
• Counsel fees approval
• Honorarium for representative plaintiff
• Release and bar orders
• Class-settlement-approval

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