Canada Case Law

Hoffman v. 1719349 Alberta Ltd.

Court

Supreme Court of British Columbia

Although the actions and claims are sufficiently common to permit joinder, the interests of justice and efficiency required severing and staying the realtor negligence claims and proceeding first with a summary trial of the contractual claims against 1719349 Alberta Ltd. and the Watts; the contractual issues are straightforward and capable of summary determination, whereas the negligence claims would require credibility findings and expert evidence that would delay resolution and undermine a prompt summary trial, and a stayed negligence claim can later proceed informed by the summary trial's…

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• Joinder and separation of actions
• Severance and stay
• Summary trial
• Standard of care for realtors
• Damages and indemnity
• Stay of execution

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Gupta v. Gill

Court

Supreme Court of British Columbia

Summary trial in a failed real estate sale. The Court found the purchaser in breach, dismissed counterclaims against the vendor and realtors, and rejected direct liability of the assignee.

• Breach of contract
• Assignment of contract
• Privity of contract
• Misrepresentation
• Rescission
• Right of way (registered vs unregistered)

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Kaltenegger v. Cao

Court

Supreme Court of British Columbia

The court rejected the buyer’s rescission claims, found the vendor was entitled to $970,000 for breach, and dismissed the buyer’s negligence claim against her realtor.

• Misrepresentation
• Unilateral mistake
• Non est factum
• Rescission
• Measure of damages for resale
• Real estate agent duty of care

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Integrated Contractors Ltd. v. Leduc Development Ltd.

Court

Supreme Court of British Columbia

La demanda de Leduc contra L & M Engineering fue desestimada porque no probó que la firma hubiera asumido el papel de project manager ni el estándar de responsabilidad alegado.

• Project management duties
• Engineer duty of care
• Implied contractual terms
• Delay and causation
• Requirement for expert evidence
• Assessment of damages

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Thandi Group Holdings Inc. v. Labonte

Court

Supreme Court of British Columbia

The court ordered the corporate plaintiffs to post $25,000 security for costs within 90 days, finding they had not shown sufficient assets or hardship.

• Security for costs
• Prima facie inability to pay
• Exigible assets
• Certificate of pending litigation
• Stay of proceedings
• Quantification of security

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Kemp v. Dickson et al

Court

Supreme Court of British Columbia

The court dismissed the plaintiff’s claim for failing to comply with a document-production order and for not attending a court-ordered discovery.

• Failure to comply with court order
• Striking claim for non-compliance
• Examination for discovery
• Particulars
• Witness fees and allowances
• Failure-to-comply-with-court-order

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Banyay v. Christie and Co.

Court

Supreme Court of British Columbia

The court dismissed a client’s negligence, contract, fiduciary-duty, and accounting claims against his former lawyer, finding the lawyer’s conduct and accounting were reasonable.

• Solicitor negligence
• Retainer discretion and witness selection
• Accounting and solicitor's lien
• Party and party vs solicitor and client costs
• Limitation issues
• Motor vehicle (insurance) act part 7 benefits

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A.J. Hustins Enterprises Ltd. v. Byrne Architects Inc.

Court

Supreme Court of Nova Scotia

The court held the substitution of Bituthane 5000 with 3-ply glass fab/asphalt was a material change requiring owner approval; Byrne breached contract and was negligent in approving and failing to specify/supervise the substitute for dynamic podium expansion joints; Corkum breached and was negligent in installation and drain placement. Damages for reasonable remediation were awarded, apportioned 70% to Byrne and 30% to Corkum, reduced for betterment and plaintiff contributory negligence (15% for certain repairs; 25% for rainwater leader), with specific monetary judgments entered against each…

Source excerpt

• Breach of contract
• Material substitution/specification
• Duty of care of architects and contractors
• Supervision and inspection
• Mitigation of loss
• Contributory negligence

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