Canada Case Law

Gill et al. v. Zwicker

Court

Nova Scotia Small Claims Court

The adjudicator found the respondent intentionally misrepresented the wiring/billing arrangement, induced the appellants to sign the lease, and thereby liable for excess electricity costs; applying a reasoned apportionment the court awarded 66% of total electricity billed ($3,275.73), $200 for oil-outage related loss, and interest at 4% back to the date of breach ($404.01), totaling $3,910.89, and rejected the 15% rent claim as unsupported and constituting double recovery.

Source excerpt

• Misrepresentation
• Electricity billing allocation
• Failure to supply heat (oil)
• Assessment of damages
• Interest on awards

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Shen v. Gou

Court

Supreme Court of British Columbia

The court dismissed a claim on a May 2017 guarantee, finding the plaintiffs lacked standing and the guarantee was unenforceable for lack of consideration and duress.

• Guarantee
• Consideration
• Duress
• Standing/foss v. harbottle
• Ad hoc fiduciary duty
• Promissory note

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Hearn v. McLeod Estate

Court

Court of Appeal for Ontario

The trial judge erred by rejecting the appellant's expert evidence on authenticity based on critical-theory materials and personal research not in evidence, breaching natural justice and preventing meaningful appellate review; the Gallery's provision of a provenance statement was a contractual term/warranty under the Sale of Goods Act and its demonstrated falsity entitled the buyer to expectation damages; applying the evidence the Court awarded $50,000 (market value of a genuine Morrisseau) plus pre-judgment interest and punitive damages of $10,000, and ordered that if damages are recovered t…

Source excerpt

• Authenticity of artwork
• Provenance
• Expert evidence admissibility and treatment
• Breach of warranty by description
• Punitive damages
• Natural justice and duty to disclose

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Choung v. Heo

Court

Supreme Court of British Columbia

Costs ruling after a foreclosure and fraud trial: the court awarded special costs to the lender under the mortgage, and did not reach double costs.

• Foreclosure
• Misrepresentation and fraud
• Special costs
• Offers to settle
• Apportionment of costs
• Special-costs

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HSBC Bank Canada v. Singh

Court

Supreme Court of British Columbia

The court dismissed HSBC's fraud claim, finding it failed to prove Manjeet Singh knowingly or recklessly submitted false margin reports to obtain credit.

• Guarantee
• Fraudulent misrepresentation/deceit
• Margin lending
• Bank security and reporting
• Adverse inference for non‑attendance
• Bankruptcy discharge

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Mousa v. The Institute of Electrical and Electronics Engineers, Incorporated

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed Mr. Mousa’s appeal from an order striking his claim against IEEE, finding no reasonable cause of action and no basis for the proposed amendment.

• Striking pleadings
• Public interest standing
• Declaratory relief
• Breach of duty
• Breach of contract (membership)
• Interim costs

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Avro Capital Corp. v. Biosign Technologies Inc.

Court

Supreme Court of British Columbia

The court ordered further production of documents in a pre-trial disclosure dispute, finding the requested records relevant to misrepresentation, breach, unjust enrichment, and release issues.

• Misrepresentation
• Breach of contract
• Fraud and deceit
• Unjust enrichment
• Termination and release
• Disclosure proportionality

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Hodson & Hodson Construction Ltd. v. Harrison

Court

Supreme Court of British Columbia

A British Columbia trial court rejected a fraud-based construction dispute, finding recordkeeping poor but no intent to deceive. It awarded only limited reimbursement on admitted non-project charges.

• Cost-plus contract
• Fraud allegation
• Quantum of damages
• Accounting and credits
• Corporate veil lifting
• Interest on debt

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