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Canada Case Law

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Contract law 2024 BCSC 1143

Hanch Enterprises Ltd. v. Simply Ballet Performing Arts Society

The Court dismissed a confidentiality claim but found Hanch Enterprises unreasonably withheld consent to an assignment. Simply Ballet received nominal damages of $1,000.

  • Assignment of lease
  • Confidentiality clause
  • Withholding consent to assignment
  • Breach of contract
  • Damages
  • Nominal damages
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Contract law 2022 BCSC 2240

ZLC Financial Ltd. v. Anthony

The court dismissed a summary trial application in a dispute over post-departure commissions, finding the contractual issues were too intertwined for piecemeal resolution.

  • Privity of contract
  • Post-termination commissions
  • Restraint of trade / restrictive covenant enforceability
  • Conspiracy to injure by unlawful means
  • Summary determination suitability
  • Summary-trial
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Employment law 2021 BCSC 2351

AllWest Insurance Services Ltd. v. Qiao

The court rejected issue estoppel and held the conflict in the evidence made summary disposition inappropriate, sending the employment and interference claims to trial.

  • Wrongful dismissal
  • Breach of employment contract
  • Solicitation of clients
  • Breach of confidentiality
  • Issue estoppel
  • Summary trial (rule 9-7)
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Property law 2021 NSSC 246

FH Development Group Inc. v. New Bright Homes Limited

The Applicant failed to establish a building scheme because covenants were not uniform, lacked reciprocity, did not show intent to benefit all lots, and expressly granted the developer unilateral waiver power; the covenants do not identify a dominant tenement and do not expressly prohibit subdivision, so subdivision was not a breach; estoppel by convention was not established because there was no shared assumption that subdivision was barred and no proven detrimental reliance; the Respondent's interference claim failed for lack of reliable evidence of causation and provable damages. According…

  • Building scheme
  • Restrictive covenants
  • Estoppel by convention
  • Dominant tenement
  • Interference with contractual relations
  • Land registration act s.61
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Patent law 2015 BCCA 506

Low v. Pfizer Canada Inc.

The B.C. Court of Appeal allowed Pfizer’s appeal, holding the patent regulatory regime is a complete code and that the consumer class action should not have been certified.

  • Complete code doctrine
  • Pm(noc) regulatory regime
  • Patent disclosure requirements
  • Unlawful means tort
  • Juristic reason in unjust enrichment
  • Complete-code-doctrine
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Franchise law 2013 ONCA 39

3574423 Canada Inc. v. Baton Rouge Restaurants Inc.

The franchisor did not breach s.3 of the AWA because the appellant received the amended offer and a lawyer's letter indicating the lease was not final, the differences in the final lease were not material, the appellant's principals were experienced and chose not to seek further information, and the territory size was foreseeable; therefore the appellant made an informed commercial decision and the appeal is dismissed.

  • Breach of statutory duty of fair dealing (awa s.3)
  • Right of first refusal
  • Franchise disclosure obligations
  • Intentional interference with economic relations
  • Costs
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Labour law [1974] SCR 826

Western Construction and Lumber Co. Ltd. v. Jorgensen

The Supreme Court of Canada dismissed an appeal alleging that union-related respondents induced an unlawful strike and interfered with a construction contract.

  • Unlawful strike
  • Procurement of breach
  • Illegal means doctrine
  • Statutory violation (industrial relations and disputes investigation act)
  • Unlawful-strike
  • Procurement-of-breach
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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.