Canada Case Law

Cheung v. Lin

Court

Supreme Court of British Columbia

The Court found that the flood left the property not in substantially the same condition on the possession date, that condition amounted to a fundamental (repudiatory) breach and clause 8 is a material term; the plaintiff was entitled to terminate and recover the deposit with interest; the defendant’s counterclaim for specific performance was dismissed.

Source excerpt

• Breach of contract
• Fundamental breach/repudiation
• Condition precedent/contract term (viewed clause)
• Deposit recovery
• Specific performance (counterclaim)

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Heiltsuk Horizon Maritime Services Ltd. Et Al. v. Atlantic Towing Limited Et Al.

Court

Federal Court of Appeal

The Tribunal's Remedies Decision was reasonable because the principal breach identified by the court was Public Works' failure to contemporaneously document verification of substitute ship masters, not an established factual finding that substitutes failed technical requirements; applying s.30.15(3) factors the Tribunal reasonably declined to cancel the contract given its advanced stage and essential service implications and reasonably awarded a modest $5,000 remedy and costs; the Federal Court of Appeal dismissed the judicial review application as the Tribunal's reasoning was justified, tran…

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• Substitution clause
• Procurement integrity
• Modified solicitation/de facto sole‑source
• Remedial discretion
• Lost opportunity compensation

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Element Restorations Ltd. v. Arruda

Court

Supreme Court of British Columbia

The contract contained an implied term that the plaintiff's project manager possessed sufficient skill to estimate costs; the plaintiff breached that term by using improper methodology, failing to review and adjust the budget, and failing to promptly notify the defendants of significant overruns; those breaches justified the defendants' termination and dismissal of the plaintiff's claim.

Source excerpt

• Breach of contract
• Implied terms in estimates
• Estimate accuracy and notification
• Quantum meruit
• Mitigation of damages
• Costs

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Peoples Trust Company v. PSP Services Inc.

Court

Court of Appeal for Ontario

The Court of Appeal dismissed PSP’s appeal from contempt sanctions, but allowed PTC’s cross-appeal and sent the officer-liability issue back for rehearing.

• Contempt sanctions
• Joint and several liability of officers
• Rules of civil procedure r.60.11(6)
• Investigative receiver
• Proportionality in sentencing
• Remittal to motion judge

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Benison et al. v. Canada (Royal Canadian Mounted Police External Review Commitee) et al.

Court

Federal Court of Appeal

Appeal allowed in part: the Federal Court erred in requiring proof of significant prejudice to establish unreasonable delay and in finding no clear right and no practical effect; appellants established that ERC delay was longer than the nature of its process required and ERC failed to provide a satisfactory, case‑specific justification; mandamus will issue compelling ERC to render findings and recommendations in each appellant's appeal within six months (subject to reasonable extension); second mandamus to compel publication of all‑inclusive service standards denied because section 28.1 confe…

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• Mandamus
• Unreasonable administrative delay
• Service standards
• Abuse of process
• Balance of convenience
• Prioritization of cases

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Quebec (Attorney General) v. Kanyinda

Court

Supreme Court of Canada

The Supreme Court of Canada held that Quebec’s daycare subsidy exclusion for refugee claimants infringed s. 15(1) and was not justified under s. 1.

• Section 15(1) charter
• Section 1 charter justification (oakes)
• Adverse effects discrimination
• Analogous grounds (refugee claimant status)
• Remedy: reading in
• Subsidized childcare eligibility

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Axion Ventures Inc. v. Bonner

Court

Supreme Court of British Columbia

The court dismissed Axion's declaratory relief application because the Bonner Parties validly stood as contingent plaintiffs under their alternative pleading and the trustee's absence did not justify a stay or bar Bonner/Jess from prosecuting NextPlay's claim at this stage; the court denied leave to amend to add extensive new counterclaims mid-trial because the proposed amendments were untimely, raised matters outside the trial's scope, appeared statute-barred or belonged to other entities (NextPlay or Axion) and their admission would prejudice Axion and disrupt trial fairness; allegations of…

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• Declaratory relief
• Standing
• Pleadings and amendments
• Illegality defence (ex turpi causa)
• Spoliation
• Fraud on the court

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Carter v. Manufacturers Life Insurance Company

Court

Nova Scotia Court of Appeal

The essential character of Carter's dispute was the administration of short‑term disability benefits provided for in the collective agreement; that matter falls within the exclusive jurisdiction of a labour arbitrator and the court should not exercise its narrow residual jurisdiction because effective remedies were available under the collective agreement, therefore the civil action must be dismissed.

Source excerpt

• Jurisdiction
• Collective agreement
• Arbitrability
• Residual jurisdiction
• Bad faith claim handling
• Short-term disability

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R. v. Skiffington

Court

British Columbia Court of Appeal

The Court treated the ministerial referral as a new appeal under Part XXI, granted leave to cross-examine specified affiants and ordered attendance of identified non-affiant police officers because ambiguity and conflicts in the materials justified further inquiry and cross-examination in the interests of justice; the appellant's sworn affidavit may, if admitted as fresh evidence, be used to prove factual non-disclosure and to show whether the absence of a Hart voir dire prejudiced the appellant (i.e. whether he would likely have challenged the Mr. Big admissions and testified), but the affid…

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• Ministerial reference
• Mr. big operations
• Fresh evidence
• Cross-examination of affiants and compellable non-affiants
• Disclosure/non-disclosure
• Abuse of process

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Jackson v. Hatt

Court

Nova Scotia Small Claims Court

The court accepted the defendant's express consent that $3,000 was due, disallowed unsupported estimates for additional sums, applied s.11 to award maximum general damages of $100, awarded interest on the $3,100 at 4% from May 20, 2024, and allowed the filing fee, resulting in a judgment of $3,504.71.

Source excerpt

• Sale of goods
• Vehicle sale
• Lien
• Repossession
• Damages
• Interest

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