Sign in
Canada Source-linked decisions Coverage checked

Canada Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

Canada decisions

Decisions matching the current search

Clear filters
Civil procedure 2022 BCSC 522

Vidcom Communications Ltd. v. Rattan

Before discovery, the court largely refused further particulars and solicitor-client waiver, but ordered limited document production and particulars of “other damages.”

  • Particulars under rule 3-7
  • Waiver of solicitor-client privilege
  • Production under rule 7-1
  • Limitation act discoverability
  • Unjust enrichment
  • Constructive trust
Read case analysis
Civil procedure 2020 BCSC 1399

TCC Mortgage Holdings Inc. v. Rohland

The court ordered further document production in a judgment-enforcement action, limited some requests by proportionality, and addressed waiver of privilege and discovery contact information.

  • Document production under supreme court civil rules
  • Waiver of privilege via related litigation
  • Certificate of pending litigation
  • Scope of discoverable contact information
  • Proportionality in disclosure
  • Halliday production format
Read case analysis
Family law 2018 BCSC 2222

Xu v. Chu

Family-law trial over parenting, support, and property division after a 16-year marriage. The court kept joint guardianship, imputed income to Xu, and ordered an unequal property split.

  • Parenting time and guardianship
  • Unequal division of family property (s.95 fla)
  • Imputation of income for support
  • Conversion/dissipation of family assets
  • Constructive trust/beneficiary claims against third party
  • Retroactive and lump sum spousal support
Read case analysis
Fiduciary duty 2017 BCSC 10

Taylor v. Sinclair

The court found that Karen Sinclair breached fiduciary duty by transferring her mother’s property into her own name and declared the Williams Road property held in trust for the estate.

  • Breach of fiduciary duty
  • Constructive trust declaration
  • Ratification/acquiescence
  • Accounting by fiduciary
  • Remedies against fiduciary vs estate
  • Mortgage financing and tracing
Read case analysis
Professional negligence 2016 BCSC 1164

Gengenbacker v. Smith

The court appointed a litigation guardian, joined the plaintiff’s former lawyer and firm as defendants, and allowed the pleadings to be amended without leave.

  • Joinder under rule 6-2(7)
  • Amendment of pleadings
  • Litigation guardian appointment
  • Power of attorney validity
  • Contingent fee agreements
  • Accounting and disgorgement
Read case analysis
Unjust enrichment 2014 BCSC 675

Wilson v. Wysoski

The court dismissed an estate’s unjust enrichment claim over pension death benefits, holding the defendant remained the validly designated beneficiary and took by disposition of law.

  • Designated beneficiary
  • Juristic reason
  • Disposition of law
  • Pre-retirement survivor benefit
  • Effect of consent order on third party benefits
  • Constructive/resulting trust
Read case analysis
Civil procedure 2009 BCSC 1282

Elsen v. Elsen

Costs decision after two Rule 18A applications: the court awarded the plaintiffs $4,370.90 for the first withdrawn application and no costs for the second.

  • Costs
  • Rule 18a summary judgment
  • Judicial admission
  • Withdrawal of application
  • Allocation of costs
  • Summary-judgment
Read case analysis
Equity 2008 BCSC 730

Schwarzkopf v. McLaughlin

The court assessed damages for breach of fiduciary duty, awarded $6,398,045, and imposed constructive trust and vesting orders over shares in LMRC and Jo-Ke.

  • Breach of fiduciary duty
  • Constructive trust
  • Accounting
  • Damages assessment
  • Vesting order
  • Default judgment
Read case analysis
Class actions 2005 BCSC 1042

Consumers' Association et al. v. Coca- Cola Bottling Company et al.

The court allowed the defendants to have their Rule 18A summary trial application heard before certification in this proposed class action.

  • Rule 18a summary trial
  • Certification sequencing
  • Breach of trust
  • Statutory interpretation
  • Container recycling fee
  • Constructive trust
Read case analysis
Civil procedure 2005 BCSC 305

Smithson v Hansen

Application to amend pleadings and add parties dismissed. The court held the proposed unjust enrichment claim against Henry Hansen’s estate was time-barred and unsupported by a pleaded link to the property.

  • Party joinder
  • Amendment of pleadings
  • Limitation period
  • Constructive trust
  • Executor as defendant
  • Amendment-of-pleadings
Read case analysis

About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.