Canada Case Law

Henry v. Nova Scotia

Court

Supreme Court of Nova Scotia

The Notice of Application was struck in its entirety because the appended Grounds violated fundamental pleading rules by pleading evidence, opinion, argument and immaterial facts, making allegations against non-parties, and thereby constituting scandalous pleadings and an abuse of process under Rule 88; the pleading also failed to provide full particulars for an asserted fraud claim under Rule 38.03(3); leave was granted to re-file a Rule-compliant Notice within three months and specified timelines for costs submissions were ordered.

Source excerpt

• Pleadings
• Motions to strike
• Abuse of process
• Declaratory relief
• Public highways
• Boundary dispute

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Nantel v. Breaks

Court

Supreme Court of British Columbia

The court dismissed claims against realtor and lawyer defendants over a manufactured-home purchase, finding no genuine issue for trial under Rule 9-6.

• Negligence
• Negligent and fraudulent misrepresentation
• Fiduciary duty
• Conflict of interest
• Rescission remedies
• Manufactured home park tenancy (mhpta)

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Lam v. Flo Health Inc.

Court

Supreme Court of British Columbia

The court certified additional common issues in this privacy class action and held the amended pleadings adequately alleged breach of contract, honest performance, and disgorgement.

• Breach of contract
• Duty of good faith and honest performance
• Meaningful consent (pipeda)
• Disgorgement
• Breach of confidence
• Intrusion upon seclusion

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Nicolas Jr. v. Ocean Pacific Hotels Ltd.

Court

Supreme Court of British Columbia

The court found the plaintiff was wrongfully dismissed effective August 30, 2020, awarded 18 months’ notice damages, deducted CERB and prior payments, and dismissed punitive and aggravated damages.

• Wrongful dismissal
• Reasonable notice
• Temporary layoff
• Employment standards act deeming provision
• Damages
• Punitive damages

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Nouhi v. Pourtaghi

Court

Supreme Court of British Columbia

The court rejected an alleged oral profit-sharing contract, but found unjust enrichment and granted a quantum meruit award, while also finding improper CPL filings.

• Formation and certainty of oral contracts
• Unjust enrichment and quantum meruit
• Real estate services act licensing
• Limitation period
• Certificates of pending litigation (cpl)
• Costs and interest

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Krause v. Bougrine

Court

Court of Appeal for Ontario

Section 21 of the ISO Act empowers an Ontario court to treat a foreign support order whose Ontario registration was set aside as if it were a support application and to make a new Ontario support order against a payor resident in Ontario; Cheng v. Liu is distinguishable and does not deprive the province of authority to provide the statutory remedy under the ISO Act, so the Ontario Court of Justice had jurisdiction and its order was restored.

Source excerpt

• Child support
• Interjurisdictional support orders act s.21
• Recognition and enforcement of foreign support orders
• Jurisdictional competence

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R v. Mills

Court

Supreme Court of Nova Scotia

On the facts the officer lawfully conducted a limited cabin inspection under s.24 of the Nova Scotia Cannabis Control Act based on objective and subjective factors (odour of cannabis, nervousness, inability to produce rental agreement, criminal history); discovery of the weapon provided lawful grounds for arrest and a search incidental to arrest; the search did not breach s.8 and, even if there had been a breach, exclusion under s.24(2) would not be warranted given police good faith, limited intrusion, and strong public interest in admitting the real evidence.

Source excerpt

• Section 8 charter - unreasonable search and seizure
• Section 24(2) charter - exclusion of evidence
• Statutory inspection powers under provincial cannabis control act
• Search incident to arrest
• Vehicle stop and detention

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Quest University Canada (Re)

Court

Supreme Court of British Columbia

The court approved a reverse vesting order and the Primacorp sale in Quest University’s CCAA proceedings, while rejecting objections by Southern Star, Capilano University and Landrex.

• Companies' creditors arrangement act (ccaa)
• Reverse vesting order
• Sale approval under s.36 ccaa
• Disclaimer of leases (s.32 ccaa)
• Right of first refusal (rofr)
• Claims and voting in ccaa plan processes

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T.C. v. L.A.

Court

Supreme Court of British Columbia

Family trial on spousal support and property division. The court awarded transitional spousal support, retroactive support, and divided property and pensions.

• Spousal support entitlement
• Spousal support quantum and duration
• Retroactive spousal support
• Treatment of disability pensions in income/means
• Division of increase in excluded property
• Parenting and custody

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McCormick v. Plambeck

Court

Supreme Court of British Columbia

The court dismissed a social host negligence claim arising from a teenage party, finding no foreseeable duty of care and, alternatively, no breach by the hosts.

• Social host liability
• Duty of care
• Breach of standard of care
• Causation and remoteness
• Evidence - past recollection recorded
• Damages assessment

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