Canada Case Law

Hill v. Richards

Court

Supreme Court of Nova Scotia

The court retained a shared parenting regime because it is in the child's best interests given comparative evidence; imputed incomes ($25,000 for Mr. Hill from 2024, lower amounts earlier; specified incomes for Ms. Richards) justified a set-off calculation leading to prospective monthly set-off child support of $433 payable by Ms. Richards; retroactive child support was awarded based on set-off calculations and credits totaling $23,562 payable by June 15, 2026; limited spousal support $200/month for 24 months awarded to Mr. Hill based on relationship interdependence, his compromised earning c…

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• Shared parenting
• Joint family venture
• Retroactive child support
• Imputation of income
• Set-off calculation
• Maintenance enforcement

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Skycope Technologies Inc. v. Jia

Court

Supreme Court of British Columbia

Although Mr. Jia established enrichment and corresponding deprivation tied to an expectation of equity, his equitable claim is satisfied because his receipt of Shengkong shares via the Share Transfer Agreement constituted a juristic reason (contractual allocation of enterprise equity) justifying Skycope's retention of his contributions; additionally, his breach of fiduciary duties would have barred equitable remuneration if the claim otherwise succeeded; therefore the equitable claim to Skycope shares is dismissed and costs awarded to Skycope.

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• Constructive trust
• Promissory estoppel
• Share entitlement
• Misuse of confidential information
• Clean hands/faithless fiduciary
• Costs

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Airbnb, Inc. v. Ware

Court

British Columbia Court of Appeal

Court of Appeal: (1) Dismissed Airbnb, Inc.'s appeal of the chambers judge's dismissal of its jurisdictional objection because Airbnb, Inc. contracted with Canadian Guests prior to June 30, 2014, establishing territorial competence; (2) Allowed Airbnb Canada's appeal and dismissed the claim against it because the pleadings and evidence did not establish a real and substantial connection to British Columbia (Airbnb Canada only provided marketing/support under service agreement); (3) Allowed appeal from certification: chambers judge correctly found pleaded causes of action were not plainly boun…

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• Certification under class proceedings act s.4
• Territorial jurisdiction (cjpta)
• Forum non conveniens
• Statutory illegality
• Restitution vs disgorgement
• Preferable procedure analysis

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Chen v. Lin

Court

Supreme Court of British Columbia

The 2019 Agreement contained clear wording naming En Yung Lin as a personal guarantor for unpaid amounts upon Javet discontinuing business; Javet discontinued its trucking operations when core assets and operations transferred to Innovade and insurance ceased; the January 2023 Repayment Agreement and Innovade's operational assumption of payments did not contain words of release nor evidence a novation or accord and satisfaction that would extinguish the existing guarantee; therefore the guarantee was triggered and remained enforceable and Mr. Lin is personally liable for the outstanding debt…

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• Personal guarantee
• Novation
• Repayment agreement
• Contractual interpretation
• Accord and satisfaction
• Fraudulent conveyance

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Smithe Residences Ltd., by its receiver, MNP Ltd. v. Boffo Investment Corp.

Court

Supreme Court of British Columbia

The court held the Smithe Consulting Agreement replaced the JVA, its profit‑sharing waterfall applied to profits from the whole completed Smithe Project (not limited to the plaintiff's proposed Thalia design), the plaintiff did not repudiate the agreement, Boffo Smithe breached by withholding profit shares, and Boffo Investment was unjustly enriched by receipt of those profits; damages awarded under the contract waterfall and unjust enrichment principles.

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• Contractual interpretation
• Repudiation
• Good faith in contractual performance
• Profit‑sharing
• Joint venture agreements
• Remedies and damages

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Chun v. Vancouver Whitecaps FC LP

Court

Supreme Court of British Columbia

The court approved the settlement as fair and reasonable and within a zone of reasonableness given the novel and uncertain claims, substantial litigation risks, the impracticality of meaningful direct distribution to a large class, and meaningful cy-pres and non-monetary relief; it approved class counsel fees of $156,750 (33% of the settlement) as reasonable and reduced the requested representative plaintiff honorarium from $2,500 to $1,500 to be paid as a disbursement.

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• Cy-pres settlement
• Settlement approval
• Counsel fees
• Representative plaintiff honorarium
• Misleading advertising
• Notice to class members

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Messenger v. Watkins

Court

Nova Scotia Small Claims Court

The claimant is entitled to reimbursement for the hot tub purchase price because he purchased and paid for it and retention by the defendant lacked a juristic basis; the claimant is entitled to nominal damages for the personal item (shoes); contributions to shared living expenses and domestic labour do not give rise to additional awards in the absence of an agreement or expectation of compensation, so the defendant is not entitled to offset for her labour.

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• Recovery of personal property
• Reimbursement for purchase
• Cohabitation contributions
• Offset for domestic labour
• Damages and filing fee

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Avis Homes Limited v. Sidhu

Court

Supreme Court of British Columbia

The Cheques totaling $550,000 lacked a juristic reason on the evidence (neither repayment of redevelopment expenses nor payment of a tax debt), supporting an unjust enrichment award against Real Deal and Ms. Sidhu in that amount; the Court will not defer that award pending the Tax Action because the Reasons did not determine Mr. Dhillon's tax liability and there is no basis to secure a different party's claim by withholding funds; GST paid on the purported September 2020 transfer was triggered by Ms. Sidhu's unauthorized occupation and is not a redevelopment expense recoverable from Avis; occ…

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• Reopening trial
• Constructive trust and restitution
• Occupational rent
• Gst characterization
• Prejudgment interest
• Costs

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Monette Farms Ltd. v. Dutcyvich

Court

British Columbia Court of Appeal

The Court of Appeal set aside a $12 million contract award, found no certainty on the fee term, and substituted a $2.7 million quantum meruit award.

• Formation of contract
• Certainty of essential terms
• Oral agreement
• Intermediary introduction fees
• Assessment of restitutionary damages
• Fresh evidence on appeal

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Chen v. Rainbow International

Court

Supreme Court of Nova Scotia

The appeal is allowed because the adjudicator erred in law by failing to apply the second stage of the juristic reason analysis; given the appellant did not authorize, consent to, or acquiesce in the remediation and the respondent acted without authority, the reasonable expectations and public policy provide a juristic reason permitting the appellant to retain the benefit and denying restitution.

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• Juristic reason
• Unjust enrichment test
• Unauthorized remediation
• Consent and acquiescence
• Standard of review

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