Canada Case Law

Lover-Peace v. Moosavi

Court

British Columbia Court of Appeal

Although the chambers judge erred by relying on purported defendant evidence not adduced and by conflating pleading sufficiency with evidence assessment, dismissal is nonetheless affirmed on the alternative ground that the notice of civil claim fails to plead material facts demonstrating the defendant initiated the prosecution and therefore discloses no cause of action for malicious prosecution.

Source excerpt

• Malicious prosecution
• Initiation of prosecution
• Summary judgment (r.9-6)
• Cause of action
• Abuse of process
• Hearsay on summary judgment

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Sweet v. Canada

Court

Federal Court

Federal Court approved a data-breach class settlement, honoraria, and class counsel fees, and allowed objectors a further opt-out opportunity.

• Data breach
• Credential stuffing
• Systemic negligence
• Breach of confidence
• Intrusion upon seclusion
• Class action settlement approval

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Peterson v. Anderson

Court

Supreme Court of Nova Scotia

The court exercised discretion to award lump sum costs against Ashton Anderson in the amount of $42,000 (inclusive of disbursements and HST) because Anderson was found solely liable for the intentional tort and the plaintiff made a substantial contribution to the successful result; the tariff was adjusted downward to reflect that most trial time related to the separate occupiers' liability claim against Kenney and to account for the plaintiff's multiple counsel; a Bullock/Sanderson order was refused because it was not reasonable to keep Kenney in the action after discoveries and the causes of…

Source excerpt

• Costs awards
• Social host liability
• Bullock/sanderson orders
• Lump sum costs
• Rule of thumb rejected
• Contributory negligence

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Tsawwassen First Nation v. Martinolich

Court

Supreme Court of British Columbia

The Retaining Wall, Fill and Concrete Pad directly encroached onto TFN's Lot 4 and, by remaining after notification, constituted a continuing trespass at common law and under the TFN Land Act; the 2014 construction of a substantial new retaining wall inside the Bluff Management Zone without required improvement permits, committee approval or a sealed geotechnical opinion breached the Headlease and TFN building regulation; equitable relief in the form of a mandatory injunction ordering removal and restoration is warranted and TFN is entitled to solicitor-client costs under the clear indemnity…

Source excerpt

• Trespass
• Injunctive relief
• Lease/headlease compliance
• Solicitor-client costs indemnity
• Land management/bluff stabilization
• Statutory trespass under land act

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Lewis v. The Hertz Corporation

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed an appeal from summary judgment, holding that a broad settlement release barred the claims and that no trial issue remained.

• Summary judgment
• Settlement and release
• Motion to dismiss
• Judicial bias
• Costs
• Summary-judgment

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Riva Plumbing Limited v. Ferrari

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed an appeal over economic tort, fiduciary duty, non-competition and bonus disputes, and upheld costs awards to the respondents.

• Economic torts
• Breach of fiduciary duty
• Non-competition clause
• Contract interpretation
• Bonus entitlement
• Damages

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Pattison v. Royal Vancouver Yacht Club

Court

Supreme Court of British Columbia

The waiver was signed by the plaintiff before the lift and is clear and enforceable on its plain contractual terms, including release and indemnity language; the plaintiff failed to prove intentional spoliation of video evidence; expert evidence established that rot at the keel scarf joint and an imbalanced fuel load caused torsional failure; therefore the waiver bars the plaintiff's negligence claim and the plaintiff has not proved negligence. The indemnity counterclaim is reserved for further submissions.

Source excerpt

• Waiver/release enforceability
• Spoliation (destruction of evidence)
• Negligence - standard of care for boat lifts
• Admissibility of expert evidence
• Indemnity and contractual indemnification

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Marklinger v. British Columbia

Court

Supreme Court of British Columbia

Trail is a recreational trail (LOD-1) under the OLA and WDTAC; defendant assessor's March 2018 visual inspection was reasonable under WDTAC and the assessor legitimately concluded the Incident Tree was not a danger (leaning away); absence of contemporaneous documentation of a tree assessed as non-dangerous does not constitute reckless disregard under s.3(3)(b) OLA; core-policy immunity bars challenges to resource allocation but does not shield operational failures; on balance plaintiffs did not prove defendants acted with reckless disregard, therefore defendants not liable.

Source excerpt

• Reckless disregard
• Duty of care
• Danger tree assessment
• Wdtac implementation
• Core policy immunity
• Record keeping/documentation

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Cook v. Massey

Court

British Columbia Court of Appeal

The trial judge's contextual interpretation of the easement — reading 'all related purposes' in light of the circumstances at the time it was granted — reasonably allowed stopping, loading, unloading and limited short-term parking (five minutes or less) and exceptional longer parking during construction; the appellate court found no palpable and overriding error in that interpretation, in the trespass factual findings or in the nuisance and encroachment awards, and therefore dismissed the appeal.

Source excerpt

• Easement interpretation
• Trespass
• Private nuisance
• Damages
• Standard of review
• Factual findings

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Glanz v. Hooker

Court

Supreme Court of British Columbia

Trial judge found plaintiff's accounts internally inconsistent and inherently implausible, and materially contradicted by credible third‑party witnesses (particularly Mendel and Boyetchko) who described prolonged consensual interactions; on balance of probabilities first touching was consensual and second violent battery was not proven; further, even assuming liability, medical evidence did not establish on a balance of probabilities that the alleged second battery caused the claimed concussion/epilepsy; claim therefore dismissed.

Source excerpt

• Assault
• Battery
• Sexual battery
• Consent
• Causation
• Credibility and reliability

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