Canada Case Law

Finley Brophy Trucking Limited v. MacDonald

Court

Nova Scotia Small Claims Court

Both the Claimant's claim and the Defendant's counter-claim were commenced outside the two-year limitation under s.8(1)(a) and no lawful acknowledgement or partial payment occurred within the limitation period to restart it under s.20; the consolidated bill of March 31, 2025 was a housekeeping step and not an acknowledgement, therefore both claims are statute-barred and must be dismissed.

Source excerpt

• Statute of limitations
• Acknowledgement of liability
• Limitation period restart
• Counter-claim
• Contractual exemption clauses
• Damages for property damage

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Epic Restoration Services Inc. v. Fuller et. al.

Court

Supreme Court of British Columbia

Trial judgment over flood restoration dispute: Epic recovered most of its invoice, the estate’s most counterclaims failed, and Travelers was ordered to pay limited rental loss.

• Co-payable cheque
• Substantial completion
• Contractual interest
• Repair defects
• Like kind and quality
• Rental loss

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Hosseini v. Armour Transport Inc.

Court

Nova Scotia Small Claims Court

The adjudicator has jurisdiction to hear an s.23(2) application to set aside an order even where the order was made after a scheduled hearing; on the facts Armour was properly served via front desk acceptance and subsequent phone contact and did not establish a reasonable excuse for failing to file a defence or attend, therefore the application to set aside the December 6, 2016 order is dismissed and the judgment remains in force.

Source excerpt

• Service of process
• Default judgment/quick judgment
• Setting aside orders
• Natural justice

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Daverne v. John Switzer Fuels Ltd.

Court

Court of Appeal for Ontario

Clause 14 combined with clause 8 of the policy, in the context of a business agreement under the Limitations Act, 2002, clearly and unambiguously imposes a one‑year contractual limitation applicable to liability coverage; the limitation began to run when Federated denied a defence (April 9, 2010), so the third party claim issued in March 2012 is time‑barred; the motion judge erred by finding the clause unenforceable and by misapplying precedent.

Source excerpt

• Duty to defend
• Contractual limitation period
• Standard of review for policy interpretation
• Business agreement exception to limitations act
• Statutory conditions in insurance policies

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Lutz v. Arbor-Best Inc.

Court

Nova Scotia Small Claims Court

The court found the defendant performed the contracted tree removal and excavation albeit sloppily, the defendant's written offer to refund $1,351.25 was enforceable, and the claimants failed to prove any additional damages causally attributable to the defendant beyond that agreed refund; judgment was entered for the agreed refund plus costs.

Source excerpt

• Breach of contract
• Damages
• Remedies
• Quantum of loss
• Enforceability of settlement

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Nova Scotia (Attorney General) v. Mattatall

Court

Supreme Court of Nova Scotia

Section 14 of the Proceedings Against the Crown Act applies to proceedings against the Crown (defendant) and does not bar a jury trial where the Crown is plaintiff; moreover the Judicature Act and Civil Procedure Rules bind the Crown by necessary implication and/or the Crown has waived immunity under the benefit/burden doctrine; finally the issues are not so complex as to require striking the jury notice.

Source excerpt

• Jury trial immunity
• Statutory interpretation
• Complexity of jury trials
• Benefit-burden doctrine

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Advantage Helicopters Inc. v. Heliponents, Inc.

Court

Supreme Court of British Columbia

The court refused to let the plaintiffs withdraw admissions limiting 2008 loss claims, finding the admissions were deliberate and withdrawal would prejudice the defence.

• Withdrawal of admissions
• Notice to admit
• Prejudice and delay
• Triable issue
• Discovery
• Withdrawal-of-admissions

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Pettit v. Murchy

Court

Nova Scotia Small Claims Court

The claimant is entitled to judgment because she proved the $14,000 loan and nine $300 payments; interest is properly calculated for ten months on the declining balance ($632.50); discretionary travel and related costs under s.15 are reasonable ($1,400.00); the defendants' counterclaim was insufficiently proven and awardable only nominally ($500.00); net judgment entered for the claimant in the amount ordered by the court.

Source excerpt

• Loan repayment
• Interest calculation on declining balance
• Counterclaim for property damage
• Costs and travel expenses under small claims rules
• Service of documents and prejudice

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Western Homes & Management Ltd. v. Yusuf

Court

Supreme Court of British Columbia

Construction contract dispute over a drywall-stage payment led to findings of repudiation, limited deficiency damages, and a net judgment for the plaintiff.

• Repudiation and acceptance of breach
• Payment triggers and bank appraisal
• Liquidated damages
• Measure of damages (cost of cure vs diminution)
• Loss of profit
• Building defects and remediation

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Bourque Security Services v. Rockingstone Developments Inc.

Court

Nova Scotia Small Claims Court

The adjudicator found the Agreement was for security services, any clean-up was voluntary and not a contractual obligation, the Defendant failed to prove damage or entitlement to set-off, and therefore the Claimant was entitled to the claimed amount and costs; counterclaim dismissed.

Source excerpt

• Breach of contract
• Set-off
• Damages
• Performance
• Counterclaim

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