Canada Case Law

Glen Schnarr & Associates Inc. v. Vector (Georgetown) Limited

Court

Court of Appeal for Ontario

The Court held the motions judge was correct that the appellants had accepted LDGL's anticipatory repudiation by failing to protest or commence proceedings for approximately 11 years; that acceptance caused the limitation period to run and the claim to be statute‑barred, rendering a stay to arbitration unnecessary; the appeal was dismissed and costs awarded to respondents.

Source excerpt

• Anticipatory repudiation
• Termination of contract
• Arbitration clause
• Stay of proceedings
• Statute of limitations
• Estoppel

Read case analysis

Okanagan-Similkameen (Regional District) v. Associated Engineering (B.C.) Ltd.

Court

Supreme Court of British Columbia

A Regional District partly succeeded in negligence and contract claims against its engineer over a paving cost estimate, change order advice, and gravel payment.

• Cost-sharing agreement
• Duty of care
• Change orders
• Measurement and payment
• Contract administration
• Damages quantification

Read case analysis

Nipigon v. Red Rock

Court

Supreme Court of Canada

The Supreme Court of Canada held that a municipal cost-sharing agreement fixed the assessment basis as it existed when made, despite later reassessment in one municipality.

• Cost-sharing agreement
• Assessment basis
• Debenture apportionment
• Reassessment effects
• Interpretation of "actual" assessments
• Statutory-interpretation

Read case analysis