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Class actions 2021 BCSC 258

0790482 B.C. Ltd. v. KBK No. 11 Ventures Ltd.

The court ordered the certification application and the defendants’ want of prosecution application to be heard together on an expedited timetable in this proposed class proceeding.

  • Certification
  • Want of prosecution
  • Case management
  • Limitation periods
  • Standing and representative actions
  • Sequencing of applications
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Consumer law 2014 NSSM 22

Collette v. Crimson Contracting Ltd.

The defendant breached the implied condition under the Consumer Protection Act s.26(5) by failing to perform the stair and landing work in a skilful and workmanlike manner, causing water ingress and related damage; the claimant is entitled to compensation for reasonable remediation costs of $4,422.75 plus costs of $96.80.

  • Implied warranty of workmanship
  • Breach of services contract
  • Damages for remedial work
  • Water ingress and mould remediation
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Real property 2011 NSSM 37

Mailman v. Amirault

Adjudicator found the defects were patent and the parties had agreed to specific holdbacks ($1,500 deficiency and $3,500 landscaping); absent a contractual obligation by the seller to perform additional repairs and given insufficient evidence of repair costs for most items, the claimants are entitled only to the agreed holdbacks plus court costs.

  • Holdback
  • Deficiency list
  • Caveat emptor
  • Breach of contract
  • Mitigation of damages
  • Builders' lien holdback
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Contract 2007 NSSM 3

Aucoin v. Pinnacle Condominium Construction Ltd.

The developer failed to deliver an 'extended balcony' as contracted because the surface provided (roofing shingles) rendered the area unusable as a balcony and risked leaks; therefore the developer breached the Amendment and must pay the reasonable cost to remove the roofing material and install a durable, waterproof walking surface (tiling) as estimated by the claimant.

  • Contract interpretation
  • Breach of contract
  • Damages
  • Common elements
  • Construction specifications
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Res judicata 2006 NSSM 46

Mitchell v. Dynasty Development Group

The claim is barred by res judicata because a prior final decision by a competent adjudicator involved the same parties and addressed the same flooring and structural issues; the claimant had opportunity to present those complaints at the prior hearing and did not present any compelling evidence or circumstances to justify overriding the policy of finality, so the claim is dismissed.

  • Res judicata
  • Issue estoppel
  • Finality of litigation
  • Jurisdiction
  • Equitable discretion
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Contract law 2005 BCSC 343

Lamontagne v. Andersen, et al

The court dismissed a homebuyer’s claim that sellers fraudulently or negligently misrepresented hidden rot and insects in a log home disclosure statement.

  • Fraudulent misrepresentation
  • Negligent misrepresentation
  • Innocent misrepresentation
  • Duty of care
  • Disclosure statement incorporated into contract
  • Reliance
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Civil procedure 2004 BCCA 611

Strata Plan VR2124 v. Indal Ltd.

The Court of Appeal held that the order setting aside Indal’s addition as a defendant had a final effect, so the plaintiff could appeal as of right.

  • Adding parties
  • Ex parte orders
  • Leave to appeal
  • Finality of orders
  • Limitation defence
  • Leave-to-appeal
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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.