Canada Case Law

Oranchuk v. Oranchuk

Court

Supreme Court of British Columbia

Although the plaintiff conferred some benefit and suffered a corresponding deprivation, the court found a juristic reason for the enrichment in the implied reciprocal arrangement exchanging labour for accommodation and, alternatively, that the plaintiff's expectations were unreasonable; further, the claim was barred by laches because of long acquiescence and delay. The unjust enrichment claim was dismissed and no constructive trust was imposed.

Source excerpt

• Unjust enrichment
• Constructive trust
• Laches / acquiescence
• Implied contract (labour for accommodation)
• Credibility and evidence

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Lalli v. Lalli

Court

Court of Appeal for Ontario

Ontario Court of Appeal held the trial judge erred in dismissing a resulting trust claim over a family home and declared the appellants entitled to a 50% beneficial interest.

• Resulting trust
• Purchase money resulting trust
• Presumption of resulting trust
• Credibility and evidence
• Remedies: sale and accounting
• Resulting-trust

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Villareal Martinez v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of a RAD decision finding the applicant had a viable internal flight alternative in Merida.

• Internal flight alternative
• Motivation of agents of persecution
• Reasonableness standard
• Basis of claim omissions
• Credibility and evidence
• Judicial review

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MC v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Claimant failed to establish any arguable ground for appeal: the General Division applied the correct legal test for misconduct, provided a fair hearing, and properly assessed and weighed the evidence and credibility; therefore there is no reasonable chance of success and permission to appeal is denied.

Source excerpt

• Misconduct
• Natural justice
• Procedural fairness
• Credibility and evidence

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Verbonac v. Thompson

Court

Supreme Court of British Columbia

Post-trial family law reasons on costs, spousal support repayment, and a litigation advance. The court made no order as to costs, dismissed repayment of support, and ordered repayment of the $125,000 advance.

• Spousal support
• Child support
• Property division
• Costs
• Offers to settle
• Limitation periods

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Nextgen Energy Watervliet TWP, LLC v. Bremner

Court

Supreme Court of British Columbia

The court dismissed a judgment creditor’s claims to trace funds into a spouse’s properties, find a resulting trust or family property interest, or set aside transfers as fraudulent.

• Tracing
• Resulting trust
• Remedial constructive trust
• Fraudulent conveyance
• Fraudulent preference
• Family property under family law act

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Bhalli v. The King

Court

Tax Court of Canada

Appeal dismissed in a GST new housing rebate dispute. The Court found the appellant did not prove an intent to occupy the Cambridge property as a primary residence.

• New housing rebate
• Intent to occupy
• Occupancy requirement
• Credibility and evidence
• New-housing-rebate
• Intent-to-occupy

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Grewal v. Dentalcorp Health Services Ltd.

Court

Supreme Court of British Columbia

The court dismissed Dentalcorp’s summary trial application in a commercial lease dispute, finding the issues too fact-intensive, credibility-driven, and intertwined for summary resolution.

• Lease termination
• Relief from forfeiture
• Summary trial (rule 9-7)
• Declaratory relief
• Credibility and evidence
• Remedies

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Aranda Moreno v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of a refugee appeal decision, finding the RAD reasonably upheld an internal flight alternative in Mérida and declining to admit new evidence.

• Internal flight alternative
• Refugee protection
• Credibility and evidence
• Admissibility of new evidence on judicial review
• Standard of review - reasonableness
• Statutory interpretation s96/s97 irpa

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X v Canada Employment Insurance Commission and MH

Court

Social Security Tribunal of Canada

The General Division found on the balance of probabilities that the employer proved the employee wilfully breached security and termination policies (sharing or enabling access, changing account to 'never lock out', and permitting a client to live on site), that those breaches constituted misconduct for which dismissal was a real possibility, and therefore under s30 EI Act the employee is disqualified from EI benefits; the Commission's reconsideration decision was set aside and the employer's appeal allowed.

Source excerpt

• Misconduct disqualification
• Termination for cause
• Benefit denial
• Credibility and evidence
• Security policy breach

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