Canada Case Law

Tatiana Gorenstein v. Meta Platforms, Inc.

Court

Federal Court of Appeal

Appeal dismissed because the Federal Court lacked statutory jurisdiction under the Federal Courts Act to adjudicate this essentially private contractual dispute between the appellant and Meta; the parties conceded the lack of federal jurisdiction and the Federal Court's reasoning on enforceability of forum selection clauses was not endorsed because necessary findings under Douez and Dell were not made.

Source excerpt

• Forum selection clause
• Terms of service
• Choice of law
• Contract of adhesion
• Jurisdictional competence
• Enforceability of online arbitration/choice clauses

Read case analysis

Facility Condition Assessment Portfolio Experts Ontario Ltd. v. Bouchard

Court

British Columbia Court of Appeal

The Court upheld the trial judge: the Asset Purchase Agreement, read with the Employment Contract, created a minimum three-year fixed-term employment; under the agreed governing law (Ontario) the employee is entitled to payment for the remainder of the fixed term without deduction for mitigation; the non-compete covenant in the sale context was reasonable and was breached with proven diversion of three clients; damages were properly assessed on available evidence; appeals dismissed.

Source excerpt

• Fixed-term employment
• Wrongful dismissal
• Mitigation of damages
• Asset purchase agreement
• Non-competition covenant enforcement
• Choice of law

Read case analysis

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.

Source excerpt

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

Read case analysis

DHL Global Forwarding (Canada) Inc. v. Lowe’s Canada

Court

Federal Court

The Federal Court dismissed DHL’s summary judgment motion, holding Rona validly terminated the BSA under the DTA and DHL had not proven deadfreight owing for the contested period.

• Termination
• Deadfreight penalties
• Block space agreement
• Mitigation of damages
• Contract interpretation
• Incorporation by reference

Read case analysis

Naidoo v. Naidoo

Court

Supreme Court of British Columbia

The court granted the divorce, applied the Family Law Act, dismissed Ms. Naidoo’s spousal support claim, and ordered equal division of family property with set-offs and valuation steps.

• Division of family property
• Choice of law
• Antenuptial contract
• Spousal support
• Occupation rent
• Valuation and enforcement

Read case analysis

QSL Canada Inc. v. Canpotex Terminals Limited

Court

Federal Court

The Federal Court granted QSL Canada Inc. summary judgment for unpaid invoices and refused to stay the action for arbitration, except for a confidentiality dispute.

• Summary judgment
• Stay of proceedings
• Equitable set-off
• Choice of law
• Confidentiality
• Arbitrability

Read case analysis

Brady-Lomoth v. Benson

Court

Nova Scotia Small Claims Court

The claimant's expenses to recover the dog were not reasonable or reasonably foreseeable given the defendant's repeated statements he would return the dog and his honest belief in a shared right of possession (colour of right); the defendant held the dog as a bailee and returned it unharmed so no compensable loss occurred; therefore the claimant cannot recover the incurred costs and the claim is dismissed.

Source excerpt

• Bailment
• Conversion
• Damages
• Jurisdiction
• Choice of law
• Reasonable mitigation

Read case analysis

Mavrakis v. TELUS International (Cda) Inc.

Court

Supreme Court of British Columbia

The court stayed a BC challenge to employment restrictive covenants and declined jurisdiction, holding the Virginia arbitration was the more appropriate forum.

• Arbitrability
• Stay of proceedings
• Forum non conveniens
• Choice of law
• Delegation clause
• Enforceability of restrictive covenants

Read case analysis

Gorenstein v. Meta Platforms Inc.

Court

Federal Court

The Federal Court stayed Tatiana Gorenstein’s action against Meta, enforcing Instagram’s forum selection clauses and finding she was not a consumer under the terms.

• Forum selection clause
• Jurisdiction
• Terms of service
• Choice of law
• Contract of adhesion
• Commercial v consumer classification

Read case analysis

Florescu v. Lodato

Court

Supreme Court of British Columbia

The court stayed the British Columbia property and debt division claim in favor of Italy, finding Italy was the clearly more appropriate forum under forum non conveniens.

• Forum non conveniens
• Jurisdiction simpliciter
• Choice of law
• Property division
• Enforcement of foreign judgments
• Spousal support

Read case analysis