Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The court found the mobile home was Ken’s chattel, rejected unjust enrichment and constructive trust claims, and ordered repayment of the loan and removal of the home.
The court granted an interlocutory injunction because the Applicants demonstrated a serious issue to be tried, irreparable harm (risk to community health, infrastructure, insurance exposure and potential termination of the Head Lease) and the balance of convenience favored protecting the collective interests of the band; the Respondent's constitutional/treaty arguments were not heard for failure to file a Notice of Constitutional Question and there was insufficient record evidence of collective rights or standing.
Source excerpt
The court dismissed a petition for possession, finding tenant renovations without permits and a resulting encroachment were serious but not a fundamental breach or a breach of a true condition.
The Band holds collective possessory rights to reserve land under the Indian Act; respondents lacked individual allotment or occupancy agreements and unlawfully entered and occupied Band-owned properties in breach of the Housing By-law and as trespassers; the respondents' constitutional and procedural defences were inadequately pleaded and lacked evidentiary foundation; accordingly the Band is entitled to vacant possession, a permanent injunction and enforcement by RCMP.
Source excerpt
The court held the tenant had to give vacant possession, but the landlord could not set off the WFN statutory payment against unproven damages. Punitive damages were awarded.
No binding settlement existed because plaintiff did not accept the terms (execution of Form 64 and payment conditions); on assessment under R.14-1(3) the Registrar found the pro bono counsel fees, self-represented hours at $200/hr, and disbursements were properly and reasonably necessary and awarded special costs to defendant in the amount $29,510.34; plaintiff's conduct and OPCA indicia justified special costs and recoverable valuation of pro bono services.
Source excerpt
The Confirmatory Deed of July 18, 1994 together with the Backman survey established that the triangular parcel was intended to be part of PID 60108800 and vested in Irene Baker (and thus in the 2019 grantees); the 1993 quit claim was ineffective because James C. Barkhouse no longer owned the lot and had returned the $100 cheque, the Applicants failed to prove prescriptive title, and the Applicants' conduct exploited the familial informality — therefore the application was dismissed and title declared to belong to the Swinimers.
Source excerpt
The court granted the Province an interlocutory injunction restraining the plaintiffs from occupying or accessing Crown land, finding they lacked a present right to stay.
Appeal in a neighbour dispute over a retaining wall, fence repairs, and minor subsurface encroachment. The Court varied damages to $2,000 and otherwise dismissed the appeal.
The Supreme Court of British Columbia stayed this strata petition and referred it to the CRT, holding the dispute fell within the tribunal’s specialized jurisdiction.
Explore more
