Canada Case Law

Auora v. Climbing Inc. v. Kilter, LLC

Court

Supreme Court of British Columbia

The Agreement was admissible; its forum selection clauses were valid, clear and applicable; British Columbia has territorial competence because the Agreement and the dispute have a real and substantial connection to BC; BC is not forum non conveniens; and Aurora's injunction application failed because although there is a serious issue to be tried, Aurora did not establish irreparable harm and the balance of convenience favoured Kilter.

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• Forum selection clause
• Territorial jurisdiction (cjpta)
• Forum non conveniens
• Settlement agreement admissibility (rule 408)
• Reverse engineering
• Passing off

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Langford (City) v. Leppan

Court

Supreme Court of British Columbia

The court found on the totality of the evidence that occupier Darcy Jovic knew of and permitted the ongoing storage, repair and sale of third‑party and unlicensed vehicles at 2616 Viola Place in breach of the Zoning Bylaw; because a bylaw breach was established the court granted declaratory relief and a statutory injunction to prevent future contraventions, but declined to order Jovic to obtain a business licence due to insufficient evidence of his direct commercial operation.

Source excerpt

• Statutory injunction
• Zoning bylaw contravention
• Vehicle storage
• Home occupation restrictions
• Business licensing
• Declaratory relief

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T.F.R. v. Y.T.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an application to stay a parenting travel order, holding it lacked jurisdiction in the circumstances and that the materials were inadequate.

• Stay of order
• Jurisdiction of appellate court
• Best interests of the child
• Balance of convenience
• Transcript/note of reasons requirement
• Family law act s.234

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Schlegel Health Care Inc. v. Edgewood Health Network Inc.

Court

Federal Court

The Federal Court dismissed Homewood’s interlocutory injunction motion over use of GUARDIANS, finding no strong prima facie case, insufficient goodwill, and no irreparable harm.

• Unregistered trademark
• Passing off under s.7(b) trademarks act
• Irreparable harm
• Rjr-macdonald interlocutory test
• Cbc elevated threshold
• Likelihood of confusion

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Fraser Valley (Regional District) v. 13HE13 Holdings Corp.

Court

Supreme Court of British Columbia

The court found the respondent breached the building bylaw by unpermitted construction and granted prohibitory and demolition orders, with costs to the petitioner.

• Building permits
• Bylaw enforcement
• Statutory injunction
• Demolition order
• Public safety
• Costs

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Stanton v. Stanton et al.

Court

Supreme Court of Nova Scotia

Defendants failed to prove adverse possession because occupation of the Fish House was consistent with the owners’ intended use and was permissive; prior owners (and Stanley) had communicated permission to use the Fish House so possession was not adverse. Although a prescriptive easement by 25 years' uninterrupted use would have arisen, defendants lack a dominant tenement because they did not establish possessory title, so the easement can only be used temporarily to remove the Fish House. Proprietary estoppel failed because required elements (mistake as to rights, landowner’s knowledge of th…

Source excerpt

• Adverse possession
• Prescriptive easement
• Proprietary estoppel
• Trespass to land
• Nuisance
• Punitive damages

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Nova Scotia Veterinary Medical Association v. MacEachern

Court

Supreme Court of Nova Scotia

Manual floating is within the Act's definition of 'dentistry' and thus the 'practice of veterinary medicine' (s.2(s)); the respondent is unlicensed and not exempt; she has objectively continued to advertise, teach and offer manual floating to the public in Nova Scotia; under the lower statutory threshold for injunctions in s.20(1) the NSVMA established reason to believe a continuing contravention and the court granted a permanent injunction limited to prohibiting public practice, teaching, advice and advertising of equine dentistry (while permitting floating of her own horses and non-promotio…

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• Equine dentistry
• Practice of veterinary medicine
• Unlicensed practice
• Statutory injunction
• Freedom of expression

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Sandher Fruit Packers Ltd. v. MacAskill

Court

Supreme Court of British Columbia

The court granted a limited interim injunction restraining specific defamatory blog posts and emails, but refused harassment-based relief for lack of a serious issue.

• Interlocutory injunction
• Tort of harassment
• Manifestly defamatory test (yu)
• Justification/truth defence
• Pppa s.4 application
• Interlocutory-injunction

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Skycope Technologies Inc. v. X.L.

Court

Supreme Court of British Columbia

The court granted an ex parte Anton Piller order, interim injunction, and sealing order to preserve evidence of alleged breach of confidence involving drone technology and national security concerns.

• Anton piller order
• Interim injunction
• Sealing order
• Breach of confidence
• Employee confidentiality obligations
• Preservation of electronic evidence

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British Columbia (Attorney General) v. Randhawa

Court

Supreme Court of British Columbia

The Court granted an interim injunction restricting Kuldip Singh Randhawa’s courthouse attendance and communication with court staff, while declining costs.

• Vexatious litigant
• Parens patriae
• Public nuisance
• Inherent jurisdiction
• Access to courts
• Restrictions on court attendance

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