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Canada Case Law

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Contract law 2021 BCSC 2352

Dr. Richard Benson Inc. v. Lauren Bramley MD Inc.

Physician compensation dispute over clinic work ended with no contract proven, but the court found unjust enrichment for non-patient work and awarded $1,000.

  • Contract formation
  • Breach of contract
  • Quantum meruit
  • Unjust enrichment
  • Damages quantification
  • Credibility assessment
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Contract law 2021 NSSC 206

Full Throttle Power Sports Limited v. MacIntosh

The court held Full Throttle established unjust enrichment: MacIntosh was enriched by possession of the sea‑doo and Full Throttle was correspondingly deprived, and there is no juristic reason to justify retention because any contract with Crelogix was frustrated when Crelogix entered receivership and could not accept assignment or perform; accordingly Full Throttle is entitled to restitution of the purchase price less specified fees and limited prejudgment interest.

  • Frustration of contract
  • Juristic reason analysis
  • Enrichment and deprivation
  • Prejudgment interest
  • Third‑party finance arrangements
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Wills variation act 2018 BCSC 89

Lamperstorfer v. Plett

The court varied a will under British Columbia’s Wills Variation Act and dismissed an unjust enrichment claim arising from family work and caregiving.

  • Testamentary autonomy
  • Moral obligations to children
  • Juristic reason
  • Admissibility of business/medical records under wva s.5
  • Variation of wills
  • Constructive trust
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Trust and fiduciary duty 2014 BCSC 867

International Longshore & Warehouse Union Local 502 v. Ford

The court held Teressa Ford liable for $890,952.25 from misappropriated union funds and refused to vary a freezing order to let her mortgage property.

  • Money had and received
  • Change of circumstances defence
  • Freezing order (asset preservation)
  • Joint bank account
  • Misappropriation of funds
  • Restitution calculations
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Tort 2006 BCSC 712

Reid v. Ford Motor Company et al.

The court dismissed a proposed class-action amendment pleading waiver of tort, holding it was plain and obvious to fail as a negligence-based claim.

  • Waiver of tort
  • Failure to warn
  • Dangerous defect exception to pure economic loss
  • Certification
  • Strike out under rule 19(24)(a)
  • Indeterminacy of damages
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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.