Canada Case Law

MacInnis v Beckman

Court

Nova Scotia Small Claims Court

The Court dismissed both the Claim and Counterclaim: primary ground — the claims were statute-barred under s.8 of the Limitations of Actions Act because the cause of action was discovered by January 2021 and neither party commenced proceedings within two years; alternatively, even on the merits there was no proven enforceable contract or basis for unjust enrichment or quantum meruit given lack of agreed terms and evidence of gifting/mixed finances.

Source excerpt

• Limitation period (discovery rule)
• Contract formation and implied agreements
• Mixing of finances in domestic relationships
• Unjust enrichment
• Counterclaim timeliness
• Ownership/entitlement to jointly used property

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Taylor v. Sinclair

Court

Supreme Court of British Columbia

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

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Kreuchen v. Fawcus

Court

Supreme Court of British Columbia

Supreme Court of British Columbia decision on two development-related agreements, contract enforceability, termination, and quantum meruit. Kai Kreuchen recovered $42,500; most other claims failed.

• Contractual uncertainty and enforceability
• Termination and frustration
• Good faith in performance
• Valuation of services (quantum meruit)
• Real estate development financing
• Interpretation of fee provisions

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Wright v. Van Gaalen, Van Gaalen v. Wright

Court

Supreme Court of British Columbia

Court found an oral partnership, ordered sharing of a TG bonus, held an emailed attack defamatory, and made related reimbursement and quantum meruit orders.

• Partnership dissolution
• Accounting of partnership property
• Bonus entitlement
• Defamation by email
• Damages assessment
• Withdrawal of partnership funds

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McGrane v. Epp

Court

Supreme Court of British Columbia

The court found the deed of gift was part of a broader agreement requiring companionship and a move into the townhouse, and ordered reconveyance, with quantum meruit awarded to the defendant.

• Deed of gift
• Joint tenancy
• Life estate
• Parol evidence rule
• Constructive trust
• Quantum meruit

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Nanaimo Shipyard Ltd. v. Keith

Court

Supreme Court of British Columbia

The court rejected lay day and residency fees under the work order, found unconscionability and BPCPA relief, and awarded quantum meruit at $350 per day.

• Formation of contract
• Parol evidence rule
• Lay day fees
• Unconscionability
• Business practices and consumer protection act
• Interest clause / interest act s.4

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Burnside Pulp Ltd. v. Graham

Court

Nova Scotia Small Claims Court

The promissory note established a binding indebtedness of $20,000 by the defendants; the Limitation of Actions Act did not bar the claim given the nature of the specialty instrument and payment history; extrinsic evidence of forgiveness was not credible; novation was not proven; counterclaims lacked foundation; therefore judgment entered for plaintiff for $20,000 plus prejudgment interest and costs.

Source excerpt

• Promissory note
• Statute of limitations
• Forgiveness/waiver
• Prejudgment interest
• Costs
• Novation

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Smart and Smart v. Guerster

Court

Supreme Court of British Columbia

Trial decision on family-related property, expense reimbursement, and a promissory note. The court awarded the defendant a net judgment and ordered return of two side boards.

• Promissory note
• Reimbursement of expenses
• Set-off
• Shipping costs
• Ownership of chattels
• Accounting of joint bank account

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