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Canada Case Law

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Contract law 2025 BCSC 1385

423408 Alberta Ltd. v. Cooney Mansions Limited Partnership

La Cour rejette la prétention de M. Yue à une entente de règlement exécutoire de décembre 2024, jugeant que le libellé d’une clause de type « BC Ferries » n’était pas assez certain.

  • Guaranty
  • Covenant not to sue
  • Bc ferries-style settlement
  • Condition precedent to settlement
  • Interpretation of agreements
  • Summary trial
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Class actions 2020 BCSC 1610

Jastram Properties Ltd. v. Tan

Court approved a class action settlement in a Ponzi-scheme fraud case, finding it fair and reasonable, binding on class members, and supported by counsel and the trustee.

  • Settlement approval
  • Ponzi scheme
  • Mareva injunction
  • Charge release
  • Consent judgment
  • Assignment of shares
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Civil procedure 2020 BCSC 515

Sandhu v. Hennessy

The court enforced a settlement in part, holding the covenant barred direct references to the defendants but not indirect allusions, and granted counsel leave to withdraw.

  • Settlement enforcement
  • Covenant not to sue
  • Withdrawal of counsel
  • Contractual interpretation
  • Pleadings amendment
  • Vicarious liability
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Patent law 2012 FC 1301

Apotex Inc. v. Pfizer Ireland Pharmaceuticals

The Federal Court dismissed Pfizer’s Rule 220 motion to decide standing before trial, holding that the proposed question would not clearly save time or expense.

  • Standing
  • Covenant not to sue
  • Rule 220 motion
  • Interested person under s.60(1) patent act
  • Disclaimer
  • Patent-law
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Contract law 2011 BCSC 1574

Hans v. Volvo Trucks North America Inc.

The court granted VFS summary trial and dismissed the Hans plaintiffs’ claim, holding the lease’s covenant not to sue covered defect claims and was enforceable.

  • Summary trial
  • Exclusion clauses/limitation of liability
  • Covenant not to sue
  • Unconscionability
  • Assignment of liabilities
  • Public policy on contract enforcement
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Civil law 2001 BCSC 1472

FBI Foods Ltd. v. Glassner

The court held that Cadbury’s covenant not to sue did not bar it from pursuing FBI Foods for the full loss, so Glassner’s third party claim failed.

  • Contribution
  • Indemnity
  • Covenant not to sue
  • Settlement interpretation
  • Unjust enrichment
  • Concurrent wrongdoers
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Contract 1999 BCCA 175

Northland Bank ( In Liquidation) v. Walters

The Court of Appeal dismissed Mr. Walters’ appeal, holding that the historic automatic-release rule for joint and several debtors did not bar the bank’s claim.

  • Release of debtors
  • Joint and several liability
  • Rescission for fraud
  • Covenant not to sue
  • Precedent/abrogation of common law rule
  • Joint-and-several-liability
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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.