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Contract law 2022 BCSC 433

Pasternak v. Morden

A BC trial court held that a real estate contract was repudiated, that the husband acted as the wife’s agent, and that the realtor’s breaches did not cause the loss.

  • Anticipatory breach
  • Deposit obligations
  • Implied and actual agency
  • Causation (but‑for)
  • Mitigation of loss
  • Real estate agent standard of care
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Tort 2022 BCSC 153

Barkhuizen v. Leguerrier

The court found the defendant negligent in a motor vehicle collision and held the plaintiff suffered an MTBI that caused cognitive deficits, loss of earning capacity, and damages.

  • Mild traumatic brain injury
  • Post-concussion syndrome
  • Causation (but-for)
  • Liability for failure to yield/right of way
  • Loss of earning capacity
  • Non-pecuniary damages
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Torts 2021 BCCA 327

Neufeldt v. Insurance Corporation of British Columbia

The Court of Appeal allowed ICBC’s appeal, set aside a damages award, and ordered a new trial after finding errors in divisibility, causation, expert evidence, and future income assessment.

  • Divisibility of injuries
  • Loss of future income earning capacity
  • Expert evidence admissibility
  • Causation (but-for)
  • Positive and negative contingencies in damages
  • Joint and several liability
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Occupiers' liability 2020 BCSC 1909

Neigum v. WGP 236 Holdings Ltd.

The court found the occupier liable for a trip-and-fall on loose rocks in a parking-lot median, excluded an expert report, and apportioned 50% contributory negligence.

  • Duty of care
  • Standard of care
  • Causation (but-for)
  • Contributory negligence
  • Admissibility of expert reports
  • Summary trial severance
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Tort 2020 NSSC 311

Robbins v. Bajwa

On the balance of probabilities the Court found Dr. Bajwa breached the standard of care by reassuring the plaintiff after eliciting symptoms and failing to secure or ensure a prompt physical examination, which caused a delay in diagnosis and treatment such that the left below-knee amputation would probably have been avoided had assessment and vascular intervention occurred earlier; Dr. Gross was not liable because the teaching-hospital triage and resident-on-call system and the answering-machine directions met the realistic and reasonable standard.

  • Standard of care
  • Causation (but-for)
  • Damages (general and future care)
  • Evidence and expert opinion
  • Medical documentation
  • Telephone medicine
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Torts 2020 BCSC 806

Yang v. Duralia

The court found the defendant breached a duty to warn of a displaced barrier after an earlier collision, but the plaintiff was also 50% contributorily negligent.

  • Duty to warn
  • Causation (but-for)
  • Contributory negligence / apportionment
  • Assessment of damages
  • Future care
  • Credibility and adverse inference
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Tort 2020 BCSC 90

Bryce v. Rala Investments Ltd.

A mortgage investor sued his broker for negligence after relying on a third-party appraisal that overstated the property’s value. The court dismissed the claim.

  • Duty of care
  • Standard of care for mortgage brokers
  • Causation (but‑for)
  • Reliance on third‑party appraisal
  • Authorization/letter of transmittal (lot)
  • Expert evidence/admissibility
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Medical negligence 2019 ONCA 677

Solomon v. Abughaduma

The Court of Appeal dismissed the appeal, upholding the trial judge's findings that the surgeon failed to obtain informed consent by not disclosing that the procedure would eliminate wrist motion and insert a metal plate, that a reasonable person in the plaintiff's position would not have agreed to total wrist fusion, and that the loss of ability to play golf was causally linked to the undisclosed total wrist fusion; issues about RSD disclosure were immaterial to the ultimate decision and credibility findings were properly made by the trial judge.

  • Informed consent
  • Causation (but-for)
  • Expert evidence
  • Disclosure of risks
  • Regional sympathetic dystrophy (rsd)
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Occupiers liability 2019 BCSC 746

Owens v. Steveston Waterfront Properties Inc.

Slip-and-fall action under the Occupiers Liability Act. The court found the boardwalk was unreasonably slippery when wet and awarded damages to the plaintiff.

  • Slip and fall
  • Duty of care
  • Causation (but-for)
  • Warning signage
  • Foreseeability
  • Non-pecuniary damages
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Legal malpractice 2018 NSSM 60

Stewart v. Yuill (Yuill Law Firm)

Adjudicator found the solicitor breached the standard of care by failing to confirm and secure agreement on contentious collateral items, but the claimant failed to prove causation because evidence showed there was no agreement on those items at the time and therefore no basis to conclude the breach caused the loss; claim dismissed.

  • Standard of care
  • Causation (but‑for)
  • Settlement / separation agreement
  • Collateral agreements
  • Damages
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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.