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 granted the estate a writ of possession and permanent injunction over the property, but adjourned the occupational rent claim for lack of evidence.
The court granted an interlocutory injunction in a Bowen Island easement dispute, barring use of disputed access points for construction pending trial.
The respondents failed to prove adverse possession or a prescriptive easement because their use did not oust the true owners' intended use (the land was held for future development until gifted to UFM in 2016), statutory documents did not reset the limitation period, and the uses claimed were largely recreational and not necessary for enjoyment of the dominant tenement; accordingly the occupation constituted trespass remedied by injunction and nominal damages.
Source excerpt
The court struck negligence claims arising from a foreclosure sale, dismissed trespass claims and the appraiser-based conspiracy claim, and allowed a limited amendment to the remaining conspiracy claim.
The court awarded damages for interference with an easement, including lost rental income and loss of amenity, and found the defendants’ conduct warranted special costs.
The disclosure statement and registered amendment of September 2005 unambiguously informed purchasers and the strata of the designation of limited common property for Strata Lot 13; those facts were knowable by June 2006, so any cause of action against the developer arose then and the relevant limitation period expired before the October 2015 counterclaim; the alleged wrongdoing consisted of singular acts in 2005 (resolution and registration) and the doctrine of continuing contravention does not apply to extend limitation; trespass was not pleaded; therefore the counterclaim and third party n…
Source excerpt
The Crown grants to Eli and Samuel Taylor contained clear and unambiguous metes and bounds with a determinable starting point at the Bald Rock; the 1978 Harris survey improperly ignored registry and earlier survey evidence and relied on a later Butler fence, therefore the Harris boundary location was incorrect, Taylor did not own the excavated land, and City Sand did not trespass.
Source excerpt
The court confirmed a consent easement over the encroachment, set compensation at $4,800, required payment for the easement plan review, and awarded the plaintiff Scale B costs.
The Registrar reduced a solicitor’s account after finding the client should have received an earlier opinion, interim billing, and notice of a higher hourly rate.
The court dismissed a claim to void payments made to the defendants under bankruptcy and fraudulent conveyance legislation, finding the transfers were repayments within a business arrangement.
Explore more
