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Canada Case Law

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Tort 2022 BCSC 497

Fryer v. Nakusp (Village)

The court found the driver liable for striking a pedestrian and held the pedestrian 10% contributorily negligent. Damages were awarded for injuries, care and special damages.

  • Causation
  • Contributory negligence / apportionment
  • Non-pecuniary damages
  • Cost of future care / life care planning
  • Special damages
  • Neuropsychological injury / traumatic brain injury
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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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Torts 2010 BCSC 890

Eggleston v. Watson

The court found Watson 100% liable after a pedestrian collision involving alcohol impairment and awarded Eggleston $415,643 in damages.

  • Negligence
  • Contributory negligence / apportionment
  • Damages - non-pecuniary
  • Damages - past earnings
  • Damages - future loss of earning capacity
  • Cost of future care
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Negligence 2005 BCSC 318

Hawkenson et al. v. Rogers et al.

The court found Rogers and Midland negligent in supervising the Folklore account after May 1996 and awarded $65,500 in damages, but did not find breach of fiduciary duty.

  • Investment suitability
  • Portfolio concentration
  • Margin trading
  • Supervisory duty of brokerages
  • Hypothetical damages assessment (athey approach)
  • Contributory negligence / apportionment
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Contract 2004 BCCA 649

Roeder v. Blues

The B.C. Court of Appeal dismissed an appeal over a share sale trust agreement, holding the vendors had acquiesced in the trustee’s breach and could not recover.

  • Trustee agreement
  • Share purchase agreement
  • Acquiescence / equitable estoppel
  • Contributory negligence / apportionment
  • Breach of contract
  • Negligence
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Tort 2000 BCSC 330

Royal Bank of Canada v. Bruyneel & Co.

The court held the bank could not reasonably rely on the accountant’s compiled financial statements, so no duty of care was owed and the action was dismissed.

  • Duty of care
  • Reasonable reliance
  • Causation
  • Assessment of damages
  • Professional standards and ethics
  • Contributory negligence / apportionment
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Professional law [1978] 2 SCR 1357

Smith et al. v. McInnis et al.

The Supreme Court of Canada held that a trial judge’s finding of a limited solicitor retainer should stand, and restored dismissal of the third-party claim.

  • Limitation period
  • Proofs of loss
  • Retainer scope
  • Solicitor liability
  • Contributory negligence / apportionment
  • Solicitor-negligence
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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.