Canada Case Law

Weeks v. McMaster

Court

Nova Scotia Small Claims Court

Because the sale was a private transaction outside the Consumer Protection Act, the principle of caveat emptor applied; the claimant failed to produce adequate evidence that the defendant knowingly misrepresented the camper's condition, the defendant's testimony was credible, and the claimant failed to obtain a prior inspection or written warranty; therefore the claim for refund based on fraudulent misrepresentation fails and must be dismissed.

Source excerpt

• Fraudulent misrepresentation
• Express warranty
• Caveat emptor
• Private sale exclusions under consumer protection law
• Remedies for defective goods

Read case analysis

Puhalsky v. Barrows

Court

Supreme Court of British Columbia

The court found the excavator was misdescribed as low-hours and not sold on an effective “as is” basis, awarding repair damages, incurred repair costs, punitive damages, and interest.

• Breach of contract
• Misrepresentation (fraudulent and negligent)
• Sale of goods act - implied conditions (fit for purpose, merchantable quality, correspondence with description)
• Caveat emptor
• Damages (repair costs, punitive damages, interest)
• Costs

Read case analysis

Noel v. Spryfield Lumbermart Limited

Court

Nova Scotia Small Claims Court

The claim is dismissed because the sale was an express 'as-is' private sale to which statutory implied warranties did not apply, there was no evidence of knowingly or negligently false representations by the seller or its president sufficient to create personal liability, and therefore no legal duty to compensate the Claimants arose.

Source excerpt

• As-is sale
• Latent defects
• Caveat emptor
• Express and implied warranties
• Statute of limitations (discovery rule)
• Personal liability of corporate officer

Read case analysis

King v. Urquhart

Court

Nova Scotia Small Claims Court

Because the seller disclosed the presence of rust-related defects and sold the vehicle 'as is', there was no evidence of active concealment or actionable misrepresentation and the buyer failed to exercise due diligence by not inspecting the vehicle, the claim is dismissed.

Source excerpt

• Sale of used vehicle
• Buyer beware (caveat emptor)
• As is where is
• Disclosure of defects
• Inspection and due diligence

Read case analysis

Bridal Falls Development Corp. v. Bridal Falls RV Park Inc.

Court

Supreme Court of British Columbia

The court dismissed a specific performance claim under Rule 9-7, holding there was no implied term requiring government approvals and no basis to keep the CPL security.

• Specific performance
• Implied terms
• Entire agreement clause
• Certificate of pending litigation
• Summary determination / rule 9-7
• Release of security

Read case analysis

Western Group Sales Company Inc. v. Freshslice Holdings Ltd.

Court

Supreme Court of British Columbia

The court withdrew three deemed admissions, granted summary judgment for unpaid invoices, and stayed enforcement to allow the counterclaim to proceed.

• Summary judgment
• Notice to admit
• Withdrawal of admissions
• Deemed admissions
• Pre-judgment interest
• Stay of enforcement

Read case analysis

MacLellan v. Stubbert

Court

Supreme Court of Nova Scotia

On the rehearing the court found a serious issue to be tried concerning a prescriptive right versus the Land Registration Act, that the plaintiff would suffer irreparable harm to his livelihood if the injunction were not continued during lobster season, and that the balance of convenience favoured maintaining the status quo; given jurisdiction under the Judicature Act and Rule 41.04 and the plaintiff's undertaking, it was just and equitable to continue the interim injunction (order of May 6, 2021).

Source excerpt

• Interim injunction
• Adverse possession/prescription
• Land registration
• Balance of convenience
• Irreparable harm

Read case analysis

Vestergaard v. Digital Caddies, Inc.

Court

Supreme Court of British Columbia

The court assessed damages after default judgment, awarding US$50,000 for misrepresentation and US$60,750 for breach of contract, with costs at Scale B.

• Breach of contract
• Negligent and fraudulent misrepresentation
• Damages assessment
• Costs
• Foreign money claims act conversion
• Damages-assessment

Read case analysis

Espig v. Siwash Minerals Inc. & Reimer

Court

Supreme Court of British Columbia

On a disputed convertible debenture, the court held Siwash had to repay the three plaintiffs $25,000 each, but rejected pleaded misrepresentation claims against Abram Reimer.

• Convertible debenture
• Conversion
• Misrepresentation
• Repayment of debt
• Coupon payments
• Convertible-debenture

Read case analysis

Zafiris v. Surette

Court

Nova Scotia Small Claims Court

Because the seller disclosed basement dampness and potential minor water penetration in the PCS, rarely accessed the basement and had only observed staining and dampness, and because there was no evidence he knew the condition was materially worse (the pre-sale repair estimate did not prove concealment), the court could not infer a false or negligent representation; the purchaser had inspection warnings and failed to take or rely on inspection conditions, so the claim for repair costs failed and was dismissed.

Source excerpt

• Property disclosure statement
• Misrepresentation
• Caveat emptor
• Buyer inspection obligations
• Damages for repair

Read case analysis