Canada Case Law

Mohajer v. Mohagheghi

Court

Supreme Court of British Columbia

Plaintiff failed to prove on the balance of probabilities that the parties reached consensus ad idem on the essential terms of a joint venture or share ownership entitling him to 50% of the shares; contemporaneous corporate records and transactions establishing share issuance or transfer and payment by the plaintiff are absent, draft agreements were incomplete or unsigned and bank forms were inconsistent and unreliable, therefore the onus was not met and the action is dismissed.

Source excerpt

• Share ownership
• Joint venture
• Meeting of the minds
• Certainty of terms
• Credibility assessment

Read case analysis

12563789 Canada Inc. v. Tiki Tours International Corp.

Court

Court of Appeal for Ontario

Ontario Court of Appeal dismissed an appeal over boat ownership, finding a contract of sale, no joint venture, and no reversible error on fiduciary duty, defamation, damages, or costs.

• Ownership of chattels
• Contract formation and essential terms
• Joint venture
• Breach of fiduciary duty
• Defamation and defences
• Punitive damages

Read case analysis

Aujla v. 0775740 B.C. Ltd.

Court

Supreme Court of British Columbia

The court addressed a failed Royal Bay joint venture, finding the agreement was partly oral and partly written and that the parties were personally bound as co-venturers and co-obligors.

• Joint venture
• Contribution and indemnity between co-obligors
• Accounting of contributions
• Fraudulent conveyance
• Breach of fiduciary duty
• Parol evidence and partly oral contracts

Read case analysis

Himmelman v. Fancy

Court

Nova Scotia Small Claims Court

The claim is dismissed because the claimant failed to prove a clear understanding or agreement that the defendant would reimburse his expenses; the claimant's nondisclosure of substantial financing costs and lack of evidence of an enforceable reimbursement obligation mean it is not just to impose further liability on the defendant.

Source excerpt

• Joint venture
• Oral agreement
• Non-disclosure
• Restitution
• Loan financing
• Reimbursement

Read case analysis

Peace River Partnership v. Cardero Coal Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal upheld the trial judge on contract interpretation, lease surrender, and JVA breach issues, but varied costs in part for the Lease Action.

• Joint venture
• Lease surrender
• Contractual indemnity
• Contract interpretation
• Settlement offers and costs
• Contract-interpretation

Read case analysis

Tega Homes (Attika) Inc. v. Spencedale Properties Limited

Court

Court of Appeal for Ontario

The trial judge was correct to award both the increase in property value at the date of breach and truly wasted development expenses; however he erred in awarding development expenses incurred prior to the 2013 APS that had been released under the prior JVA. The recoverable development expenses are limited to those incurred after the 2013 APS, subject to agreed deductions (including a 10% discount applied in the exercise of judicial discretion), adjustments for Unit 233B rental amounts during the 2013 APS period, and the respondent's undertaking and first charge in respect of unpaid service p…

Source excerpt

• Breach of contract
• Damages assessment
• Wasted development expenses
• Release clause
• Joint venture
• Expectation vs reliance

Read case analysis

River Cree Resort Limited Partnership v. Canada

Court

Federal Court of Appeal

The judge found on the evidence that Access Cash owned and operated the ATMs and provided the network connection and transaction processing, and that River Cree's payments represented consideration for the taxable predominant element (the exclusive right to place and operate ATMs and process transactions) rather than exempt financial services; no joint venture existed; these factual findings were not shown to be palpably and overridingly erroneous and therefore the appeal was dismissed.

Source excerpt

• Goods and services tax
• Excise tax act
• Financial services exemption
• Compound supply
• Predominant element test
• Joint venture

Read case analysis

Low v. Straiton Development Corporation

Court

Supreme Court of British Columbia

The court denied special costs and Scale C costs, held the interpleader costs could not be revisited, and ordered ordinary Scale B costs for White Castle and Abby Mews.

• Joint venture
• Contract interpretation
• Interpleader proceedings
• Special costs
• Scale of costs (appendix b)
• Issue estoppel

Read case analysis

Phoenix Homes Limited v. Takhar

Court

Supreme Court of British Columbia

The court resolved a complex joint venture dispute over the 199A Property, the 160th Street Properties, and a View Side land contract, with liability and remedies split between phases.

• Breach of fiduciary duty
• Misappropriation of corporate opportunity
• Joint venture
• Certificate of pending litigation
• Specific performance
• Sham transaction

Read case analysis

Pollyco (Latimer) Venture Ltd. v. Allwest Development Corporation

Court

Supreme Court of British Columbia

Court refused to cancel a registered option to purchase under s. 249 of the Land Title Act, finding a material validity issue but leaving the charge in place pending trial.

• Option to purchase
• Joint venture
• Cancellation of charge
• Land title act s.249
• Security for interlocutory relief
• Land-title-act-s-249

Read case analysis