Canada Case Law

Larouche v. PGM ResidualCo Holdings Inc.

Court

Supreme Court of British Columbia

The application for leave was dismissed because the petitioner failed to file/adduce admissible affidavits in this petition (cannot rely wholesale on affidavits filed in a separate proceeding), failed to provide sufficient credible evidence or properly pleaded material facts to satisfy the s.140.8 leave threshold, and most claims based on documents released before November 6, 2021 are statute-barred under s.140.94; consequently leave was denied and nunc pro tunc relief rejected.

Source excerpt

• Secondary market claim
• Misrepresentation
• Leave to commence action (s.140.8)
• Evidentiary admissibility of affidavits
• Pleading particularity
• Limitation periods (s.140.94)

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Mercy Falls BC Inc. (Re)

Court

Supreme Court of British Columbia

Default judgment was granted after Mercy Falls LLC failed to respond, with damages summarily assessed at $4,736,455 and leave to seek further assessment later.

• Default judgment
• Summary assessment of damages
• Mitigation of loss
• Procedural modification under ccaa s.11
• Pre- and post-judgment interest
• Procedural orders

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Tietz v. BridgeMark Financial Corp.

Court

Supreme Court of British Columbia

The court certified a securities class action for settlement purposes and approved a $2.4 million settlement with three defendants, while the broader action continued against others.

• Secondary market liability
• Settlement approval
• Certification for settlement
• Misrepresentation
• Conspiracy
• Contribution and indemnity

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Bear Creek Contracting Ltd. v. Pretium Exploration Inc.

Court

Supreme Court of British Columbia

The court allowed Bear Creek to amend its claim in part, added Rokstad Holdings Corporation as a defendant, and refused to add the proposed directors.

• Amendment of pleadings
• Joinder of parties
• Limitation periods
• Statutory holdback and holdback account
• Breach of trust
• Abuse of process

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SFC Litigation Trust v. Chan

Court

Court of Appeal for Ontario

The Court of Appeal dismissed the appeal and affirmed the trial judgment: the Plan transferred SFC's corporate causes of action to the Litigation Trust so the respondent could sue the appellant; the trial judge did not err in finding causation and in measuring SFC's loss using the accepted expert methodology (net cash raised less realizations), including awarding compensatory and punitive damages; election and double-recovery arguments failed as a matter of law and fact; and the trial judge's evidentiary findings were supported by the record and entitled to deference.

Source excerpt

• Ccaa plan interpretation
• Transfer of causes of action
• Causation and measurement of damages
• Election/approbation and reprobation
• Double recovery doctrine
• Punitive damages

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Northmont Resort Properties Ltd. v. Goldberg

Court

British Columbia Court of Appeal

The Court of Appeal quashed an appeal as devoid of merit, holding that late-raised individual misrepresentation and Tilden defences were an abuse of process.

• Abuse of process
• Res judicata
• Standard form contracts
• Misrepresentation
• Tilden defence
• Vexatious litigant

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JEKE Enterprises Ltd. v. Northmont Resort Properties Ltd.

Court

Supreme Court of British Columbia

The court held the time-share VIAs required owners to bear operating, replacement and refurbishing costs, including the renovation fee, and dismissed JEKE's claims.

• Time share agreements
• Contract interpretation
• Management obligations of a trustee/lessor
• Repudiation of contract
• Special assessments and capital costs
• Resort realignment and transfer of interests

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Bernard LLP (Re)

Court

Supreme Court of British Columbia

Appeal from an interpleader order dismissed. The court held there were competing claims to trust funds, including a proprietary claim by Al-Saleh, but required a procedure to resolve them.

• Interpleader
• Comity
• Constructive trust and tracing
• Fraudulent preference
• Jurisdiction
• Summary determination under rule 10-3

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Barafield Realty Ltd. v. Just Energy (B.C.) Limited Partnership

Court

British Columbia Court of Appeal

A British Columbia appeal held there was no privity of contract for a damages award, rejected novation on the vesting order record, and remitted restitution issues.

• Privity of contract
• Vesting order
• Novation
• Money had and received
• Damages
• Notice to third parties

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JEKE Enterprises Ltd. v. Northmont Resort Properties Ltd.

Court

Supreme Court of British Columbia

Northmont withdrew its summary trial application. The court held the withdrawal should be allowed without an immediate costs award, leaving costs for the trial judge.

• Summary trial
• Withdrawal of application
• Vesting order
• Time‑share/vacation interval agreements
• Declarations
• Costs consequences

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