Canada Case Law

Harmorg Properties Inc. v. Scott

Court

Supreme Court of British Columbia

The petition was allowed and the Tribunal's decision set aside because the Tribunal committed procedural unfairness by deciding the pivotal issue of corporate separation and standing on inferences not put to the petitioner and by making an unreasonable and legally erroneous finding that Just Flooring was a separate corporation; the Tribunal's reasons were also inadequate on credibility, warranting remittal for a rehearing.

Source excerpt

• Standing
• Procedural fairness
• Privity of contract
• Corporate personality
• Fresh evidence
• Adequacy of reasons

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Kinney v. The Provincial Agricultural Land Commission

Court

Supreme Court of British Columbia

Grant limited amendment only to add a claim for costs on a full indemnity basis; refuse leave to further amend to add multiple additional decisions, wide-ranging declarations, misfeasance/conspiracy and claims for damages because they are time-barred, outside proper scope of petition, raise parties not before the court, or amount to damages not available on judicial review; decline production of extra documents sought as not necessary or relevant to review of the 2023 Decision (adjourn question of including 2018 record to the trial judge); permit reliance only on paragraph 80 of Kinney Affida…

Source excerpt

• Judicial review
• Leave to amend pleadings
• Record of proceedings
• Admission of extra-record evidence
• Declaratory relief vs damages
• Exhaustion of statutory remedies

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Delos Santos v. ICBC

Court

Supreme Court of British Columbia

Judicial review of a CRT benefits decision was dismissed. The court upheld the tribunal’s finding that the petitioner was not entitled to income-replacement benefits and awarded costs to ICBC.

• Income-replacement benefits
• Employment definition under insurance (vehicle) act
• Standard of review: patent unreasonableness
• Evidence admissibility
• Retirement benefits
• Costs

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Narouz c. Canada (Procureur Général)

Court

Federal Court of Appeal

The Appeal Division's factual findings that the applicant did not prove a continuous incapacity before January 22, 2021 were within a range of reasonable outcomes given the medical record and the applicant's activities; the Federal Court of Appeal will not reweigh the evidence and will not admit fresh evidence not before the tribunal, therefore the judicial review is dismissed.

Source excerpt

• Judicial review
• Standard of review
• Reasonableness
• Capacity to apply
• Disability pension
• Retroactive benefits

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Kryklywicz v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed judicial review of an SST Appeal Division leave refusal, holding the denial was reasonable and the fresh evidence irrelevant to res judicata.

• Res judicata
• Leave to appeal
• Procedural fairness
• New evidence admissibility
• Reasonableness review
• Certified tribunal record

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Re:Sound v. Pandora Media, LLC

Court

Federal Court of Appeal

The application is dismissed because Re:Sound sought to raise a new statutory argument on judicial review that was not raised before the Board and the Court declined to remit for a second hearing; alternatively, the Board's exclusion of free trials and its 73.7% repertoire-use adjustment fell within the Board's reasonable exercise of discretion and did not disclose a reviewable error.

Source excerpt

• Equitable remuneration
• Tariff determination
• Reasonableness review
• Procedural issue of raising new arguments

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Traders General Insurance Company v. Rumball

Court

Court of Appeal for Ontario

Section 6(2)(b) establishes an evidence-based, contextual test requiring proof that, as a result of the accident, the insured suffers a complete inability to engage in any employment for which they are reasonably suited by education, training or experience; factors such as competitive real-world availability, nature, status and remuneration of alternative work inform that analysis but are not independent or mandatory elements; the onus to prove entitlement rests on the claimant and, on the record, the Adjudicator and Divisional Court correctly applied the test and the appeal must be dismissed.

Source excerpt

• Statutory accident benefits
• Income replacement benefits
• Interpretation of statutory test
• Burden of proof
• Vocational and medical evidence

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Jobanputra v. The Owners, Strata Plan VR 911

Court

Supreme Court of British Columbia

Judicial review of a CRT strata decision dismissed. The Court found no procedural unfairness, no reviewable error in statutory interpretation, and no patent unreasonableness.

• Significant unfairness
• Procedural fairness
• Standard of review
• Production of records
• Special levies
• Audits

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Forever v. Hsu

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from judicial review of a residential tenancy decision upholding termination for unreasonable occupancy.

• Patently unreasonable standard
• Termination for unreasonable occupancy
• Privative clause
• Judicial review scope
• Patently-unreasonable-standard
• Residential-tenancy

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Clark v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed Ms. Clark’s judicial review, finding the Social Security Tribunal Appeal Division reasonably refused leave to appeal on res judicata grounds.

• Res judicata
• Canada pension plan disability
• Leave to appeal
• New evidence
• Standard of review (reasonableness)
• Res-judicata

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