Canada Case Law

Zeng v. Zuo

Court

Supreme Court of British Columbia

The Chinese Civil Mediation Paper of April 26, 2018 is enforceable in British Columbia: the defendants attorned to the Chinese court by appointing agents who participated and consented, the mediation paper is final and conclusive under Chinese law, and the defendants failed to establish a defence of lack of natural justice (duress) or fraud. Consequently the Chinese judgment debt (RMB 35,350,000 principal and RMB 20,455,141.64 interest calculated to January 1, 2025 with interest accruing at RMB 10,273.97 per day) is recognized and enforceable; the trust funds from the Property sale are to be…

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• Recognition and enforcement of foreign judgments
• Jurisdiction and attornment
• Natural justice/duress as defence to recognition
• Fraud defence to foreign judgments
• Interest calculation on foreign judgments
• Costs and special costs

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Canada v. Fouillard

Court

Federal Court

The Federal Court granted summary judgment for Canada in a subrogated debt claim under the AMPA, finding the action timely and the defence unsupported.

• Subrogation
• Limitation period
• Summary judgment
• Interest calculation
• Costs
• Summary-judgment

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GM v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Leave to appeal was refused because the claimant failed to show an arguable case that the General Division made an important factual error; the General Division’s factual findings that the claimant received concurrent salary and EI benefits for certain weeks are supported by the record and constitute an overpayment under the EI Act, so the appeal has no reasonable chance of success.

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• Overpayment
• Notice of debt
• Leave to appeal
• Reconsideration
• Financial hardship
• Standard of review

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Habib v. McCarthy

Court

Nova Scotia Small Claims Court

On the balance of probabilities the claimant failed to prove he personally advanced a legally enforceable loan of the claimed amount to either defendant; evidence showed transfers were related to business operations and Hornsby provided an alternative explanation (vehicle sales and existing funds), there was no written agreement or clear mutual intention to create a personal debt, therefore the claim is dismissed.

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• Loan repayment
• Oral agreement
• Enforceability
• Evidence
• Intention to create legal relations

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Ural Link Ltd. v. Hennigar Trucking Limited

Court

Supreme Court of Nova Scotia

Permission to proceed by correspondence was granted; however, a bare affidavit asserting unsuccessful attempts at service was insufficient to renew the expired action under Rule 4.04(2). The plaintiff must file additional affidavit evidence demonstrating reasonable efforts to notify or otherwise engage the defendant within the first twelve months (the evidentiary threshold is low but not zero). The plaintiff was given leave to file further affidavits by October 22, 2025 and the court remains seized of the motion.

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• Extension of time to serve
• Renewal of expired action (rule 4.04)
• Substituted service
• Interpretation of procedural rules
• Default judgment

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KP v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The appeal was filed more than one year after the Commission's reconsideration decision was communicated to the Appellant (communication found to have occurred by June 9, 2024), and subsection 52(2) of the DESD Act bars any appeal filed after that one-year period; therefore the Tribunal must refuse to proceed with the late appeal.

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• Timeliness
• Extension of time
• Reconsideration decision
• Overpayment
• Penalty
• Violation classification

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CB v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Commission validly exercised its discretion to reconsider within the 36‑month statutory period and did so judicially; the uncontested evidence shows the Appellant was paid twelve weeks of EI ERB but was eligible for only eight, creating a $2,000 overpayment which must be repaid under the Employment Insurance Act.

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• Ei erb advance payment
• Reconsideration of administrative decision
• Overpayment recovery
• Limitation period
• Judicial exercise of discretion
• Write‑off of debt

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AR v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Permission to appeal was refused because the claimant failed to identify any arguable reviewable error by the General Division; the General Division correctly applied the statute and precedent in finding the claimant ineligible and that the overpayment must be repaid; the Appeal Division has no basis to overturn that decision and no jurisdiction to write off the debt.

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• Ei erb overpayment
• Reconsideration
• Grounds of appeal
• Tribunal jurisdiction
• Discretion to waive debt

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SMR Saulnier’s Maintenance and Repair Limited v. Pearson

Court

Nova Scotia Small Claims Court

The claimant performed work at the defendant's direction and an initial estimate was accepted, but there was no agreement to an open‑ended price; because work remained unfinished the court reduced the claim by $4,000 and awarded the balance plus prejudgment interest and specified fees.

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• Labour and materials
• Estimate and invoice
• Prejudgment interest
• Builder's lien (not adjudicated)
• Set-off for incomplete work

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AC v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Commission reasonably concluded false or misleading statements were made, which extended the statutory reconsideration period to 72 months; the allocation of earnings and resulting $2,658 overpayment is valid and was reconsidered within that extended period; the Tribunal lacks statutory authority to write off or remove the debt, therefore the appeal is dismissed.

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• Overpayment
• Reconsideration time limits
• Allocation of earnings
• False or misleading statements
• Write-off jurisdiction
• Repayment arrangements

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