Canada Case Law

Sherwood Real Estate Corporation v. Kingsnorth

Court

British Columbia Court of Appeal

Although the chambers judge erred by not considering contextual indicia of proximity arising from the June 25, 2020 email, the error was not material because the apparent purpose of the respondent's representation (to induce purchase of shares in CAP) did not correspond to the pleaded detrimental reliance (entry into the SHO Agreement); reliance falling outside the purpose of the undertaking is not reasonable or foreseeable, so no proximate relationship and no duty of care exists and there is no genuine issue for trial.

Source excerpt

• Negligent misrepresentation
• Duty of care
• Proximity
• Summary judgment
• Reliance
• Foreseeability

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Metlakatla First Nation v. Prince Rupert Port Authority

Court

Supreme Court of British Columbia

The Court held that, except for the mandamus-style order seeking an order that PRPA engage in consultations (Part 2, para. 5), Metlakatla's Amended Claim pleads reasonable private law causes of action (breach of fiduciary duty, breach of duty to consult, negligent misrepresentation, unjust enrichment) and is not a plain and obvious collateral attack on the Crown Approval; accordingly PRPA's application to strike is dismissed except that Part 2, para. 5 is struck as falling within the exclusive jurisdiction of the Federal Court under s.18 of the Federal Courts Act.

Source excerpt

• Duty to consult
• Fiduciary duty
• Negligent misrepresentation
• Unjust enrichment
• Judicial review jurisdiction
• Federal courts act s.18

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Stubbs. v. White

Court

Nova Scotia Small Claims Court

The claim is dismissed because the PDS and SFHQ reflected the sellers' knowledge and were not warranties, reliance on the outdated SFHQ/PDS was unreasonable, there is insufficient evidence of a causal link between any nondisclosure and the claimed repair costs, and the alleged defects were discoverable on inspection, so no negligent misrepresentation or liability is established.

Source excerpt

• Negligent misrepresentation
• Caveat emptor
• Property disclosure statement
• Latent vs patent defects
• Causation
• Measure of damages

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Guo v. Wang

Court

British Columbia Court of Appeal

Appeal in a failed real estate development dispute allowed in part: negligent misrepresentation and fiduciary duty findings were set aside, while contract and indemnity liability were upheld.

• Negligent misrepresentation
• Breach of contract
• Breach of fiduciary duty
• Indemnity clause
• Causation
• Damages

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Harder v. InCor Holdings Limited

Court

Supreme Court of British Columbia

The court struck the responses of three defendants for chronic non-compliance and entered judgment on pleaded fraud, loan, investment, and enrichment claims.

• Strike response to civil claim
• Summary judgment / summary trial
• Mareva injunction and ancillary disclosure
• Fraudulent misrepresentation
• Negligent misrepresentation
• Unjust enrichment

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Fazio v. Toronto-Dominion Bank

Court

Federal Court

The Federal Court struck Marie Pia Fazio’s claim against TD Bank, holding that no federal statute gave the Court jurisdiction and that the pleading could not proceed.

• Jurisdictional foundation
• Pipeda complaint procedure
• Bank act regulation
• Negligent misrepresentation
• Motion to strike (plain and obvious)
• Federal-court-jurisdiction

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1003730 B.C. Ltd. v. 0969939 B.C. Ltd.

Court

Supreme Court of British Columbia

The court summarily assessed damages after default judgment in a hotel construction dispute, awarding most claimed amounts but refusing a lost-profits claim on affidavit evidence.

• Breach of contract
• Breach of fiduciary duty
• Negligent misrepresentation
• Summary assessment of damages
• Default judgment
• Assessment on affidavit

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Epic West Helicopters Inc. v. Canada (Border Services Agency)

Court

Supreme Court of British Columbia

The court struck a claim over alleged helicopter damage during a CBSA detector-dog search, holding the three-month Customs Act limitation period had expired.

• Statutory limitation
• Misfeasance in public office
• Negligence
• Negligent misrepresentation
• Discoverability
• Customs inspections

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10010524 Manitoba Inc. v. Rosso

Court

Supreme Court of British Columbia

Summary judgment and a strike application were dismissed where triable issues remained about duty of care, negligent misrepresentation, and fiduciary duty.

• Summary judgment
• Pleadings
• Duty of care
• Negligent misrepresentation
• Fiduciary duty
• Causation

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Der Caloustian v. Black Top Cabs Ltd.

Court

Supreme Court of British Columbia

The court held the plaintiff’s contract, tort, and oppression claims were discovered too late to be timely and dismissed the action on summary trial.

• Oppression remedy
• Limitation act discovery rule
• Cause of action estoppel
• Summary trial (r.9-7)
• Negligent misrepresentation
• Slander of title

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