Canada Case Law

S.T.H. v. Ivanhoe Cambridge Inc.

Court

Supreme Court of British Columbia

Defendants admitted liability for assault, battery, false arrest and false imprisonment; on the evidence the guards used excessive and unjustified force causing compensable physical injury and chronic PTSD; plaintiff did not fail to mitigate; aggravated harm is reflected in an augmented non-pecuniary award; Paladin's training and investigatory failures constituted conduct referable to the employer warranting punitive damages against Paladin alone; damages quantified accordingly.

Source excerpt

• Assault and battery
• False arrest
• False imprisonment
• Aggravated damages
• Punitive damages
• Causation

Read case analysis

Hartin v. Hynes

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an appeal from summary judgment in a dog-bite case, finding no agency basis for vicarious liability and no statutory owner liability.

• Dog bite
• Owner liability under statute
• Vicarious liability
• Agency relationship
• Summary judgment
• Costs of appeal

Read case analysis

Smiley v. The Pierre Elliott Trudeau Foundation

Court

Newfoundland and Labrador Court of Appeal

The motion judge did not misapprehend or fail to consider material evidence; weighing efficiency, fairness and comity factors, Quebec is the clearly more appropriate forum for the dispute (given Foundation contacts, contracts and evidence), the stay of the Newfoundland and Labrador action is upheld, and post-decision Quebec proceedings were admissible as additional evidence on appeal under the Palmer/rule 37 test.

Source excerpt

• Jurisdiction simpliciter
• Forum non conveniens analysis (efficiency, fairness, comity)
• Access to justice
• Misapprehension of evidence
• Admission of fresh/new evidence (palmer/rule 37)
• Choice of law clauses

Read case analysis

Jasuja v. Monson

Court

Supreme Court of British Columbia

On liability in a motor vehicle collision case, the court found Monson negligently sideswiped the Honda and held H&R Transport vicariously liable. The third party, Thapar, was not at fault.

• Sideswipe collision
• Duty of care
• Standard of care
• Causation
• Credibility assessment
• Third‑party claim

Read case analysis

Harrison v. Rayner Estate

Court

Supreme Court of British Columbia

The court dismissed a request to adduce similar fact evidence from five former students, finding the alleged similarities were too generic. Leave to amend the pleadings was granted in part.

• Similar fact evidence
• Propensity evidence
• Admissibility
• Amendment of pleadings
• Punitive damages
• Direct negligence

Read case analysis

Kovach-Durham v. Ampong

Court

Supreme Court of British Columbia

The court dismissed the plaintiff’s assault, battery and defamation claims, found no vicarious liability, and ordered removal of related social media posts.

• Assault and battery
• Defamation (publication, justification)
• Vicarious liability (employer/independent contractor)
• Pleadings compliance
• Remedies (injunction, removal of online content)
• Costs

Read case analysis

Mac’s Convenience Stores Inc. v. Basyal

Court

British Columbia Court of Appeal

Court of Appeal reviewed agency, vicarious liability, and mitigation issues in a class action about temporary foreign workers and recruitment fees.

• Actual authority
• Apparent authority
• Duty to mitigate
• Fixed-term employment contracts
• Temporary foreign workers program
• Vicarious liability for fiduciary breach

Read case analysis

Dunford v. Hamilton-Wentworth District School Board

Court

Court of Appeal for Ontario

The trial judge correctly applied the legal test for vicarious liability and, on the totality of the evidence, reasonably concluded the hospital's relationship to Dr. Anderson was not sufficiently close—he was independent, not an agent or employee, the hospital lacked control over his activities, and the misconduct could not be regarded as a materialization of the hospital's risks—therefore vicarious liability did not apply and the appeal is dismissed.

Source excerpt

• Vicarious liability
• Sexual battery
• Compensation
• Deterrence
• Standard of review

Read case analysis

Acciona Wastewater Solutions LP v. Greater Vancouver Sewerage and Drainage District

Court

Supreme Court of British Columbia

The court dismissed a trial adjournment request, amended the document-production timetable, and ordered GVS&DD to include certain AECOM-held project files in its list of documents.

• Adjournment application
• Document production
• Control of documents
• Agency
• Case plan amendment
• Electronic document exchange protocol

Read case analysis

D.W.P. v. Owner

Court

Supreme Court of British Columbia

The court held Driver liable in negligence and battery after a motorcycle collision during a psychotic episode, and found Owner vicariously liable under s. 86.

• Insanity/mental illness as defence in tort
• Admissibility and weight of psychiatric expert evidence
• Causation
• Assessment of damages (non-pecuniary, past and future earning capacity, future care)
• Publication ban and anonymization
• Mental-illness-defence-in-tort

Read case analysis