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 Ontario Court of Appeal upheld dismissal of Sheridan Retail’s action under Ontario’s anti-SLAPP law, but reduced the motion costs award from $156,394.54 to $75,000.
Defendants owed a duty of care to their client sellers (the McNallys) but not to the non-client buyers (the Kirbys) because no proximate relationship was established; the applicable standard of care in October 2020–March 2021 permitted seller identity verification up to completion consistent with FINTRAC/CREA practices then in force, the particular email impersonation fraud was not a known industry risk at the time, the defendants met the standard, causation was not established on the plaintiffs' case, negligent misrepresentation failed for lack of a special relationship and actionable false…
Source excerpt
BCSC held an easement allowed stopping, loading, unloading and limited parking for construction access, dismissed trespass claims, and found the Cooks liable for nuisance.
The stay motion is dismissed because the appellants failed to establish an arguable issue capable of persuading an appellate panel and failed to show irreparable harm; the new bias allegation lacked evidentiary foundation, the trial judge’s factual and credibility findings are owed deference, and the respondent’s undertaking to preserve the Fish House eliminated the asserted irreparable harm related to loss of the structure.
Source excerpt
The court granted an ex parte quia timet injunction to prevent anticipated trespass and disruption at the Ross Street Gurdwara during scheduled consular camps.
The court refused to add a police enforcement clause to an existing injunction in a property dispute, finding the extraordinary-circumstances threshold was not met.
Court found respondents liable for trespass in cutting six spruce trees within the ROW and awarded Applicants special damages $2,800 and general damages $2,000 for loss of privacy; Applicants committed actionable trespass and conversion by planting cedars on respondents' land, removing respondents' chattels and erecting a permanent fence in the ROW — Court ordered removal of the fence and restoration and found those acts merited punitive damages to respondents ($5,000) plus nuisance compensation ($2,500); respondents entitled to declaration of prescriptive/right to continue using portion of d…
Source excerpt
The court granted a permanent injunction and awarded damages after finding repeated interference with a fence project, trespass, and nuisance from a surveillance camera.
The respondent wilfully and continuously obstructed the applicants' express right of way from spring 2021 through the decision date, constituting an actionable nuisance/trespass justifying declaratory relief and an injunction to remove the fence and gate; the sustained, high-handed nature of the conduct warranted general damages of $2,500 and punitive damages of $1,500, reimbursement of $474.38 for a temporary access road, and costs of $1,000 under Tariff C (multiplied due to the importance to applicants).
Source excerpt
The Court of Appeal held that the appellants met the generous s.137.1(3) public‑interest threshold because the impugned statements addressed business labour practices affecting vulnerable workers, but on a fresh limited merits review the respondents satisfied s.137.1(4)(a) and (b): there were grounds to believe the defamation claim had substantial merit, the appellants' defences lacked a real prospect of success (malice/recklessness available from the record), and the likely and actual harm to the respondents outweighed the public interest in protecting the appellants' low‑quality, motive‑dri…
Source excerpt
Explore more
