Canada Case Law

Fox Island Development Ltd. v. Kensington Union Bay Properties Nominee Ltd.

Court

Supreme Court of British Columbia

Bygenteel failed to prove both elements required by s.29(2) LTA: (1) notice to Fox Island of Bygenteel's unregistered interests prior to registration of the Mortgage; and (2) participation by Fox Island in equitable fraud. Consequently Fox Island's registered mortgage is valid and enforceable in first priority over the P5 Parking Stalls and the Parking Stalls Net Proceeds.

Source excerpt

• Priority of security
• Notice
• Equitable fraud under s.29(2) lta
• Unregistered interests
• Mortgage priority
• Costs

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LK v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Commission met its burden to prove communication of its February 4, 2020 decision by February 14, 2020; the October 1, 2024 request was therefore four and a half years late; the Commission properly exercised its discretionary power under the Purcell test by acting in good faith, considering relevant factors (including ongoing notices and the Appellant's prior acknowledgment) and rejecting irrelevant ones (COVID did not excuse the delay here), and the late request lacked a reasonable chance of success and would prejudice the Commission; accordingly the Tribunal has no power to overturn the…

Source excerpt

• Reconsideration
• Limitation period
• Discretionary power
• Overpayment
• Misrepresentation
• Debt collection

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Synergraze Inc. v. Royal Canadian Marine Search and Rescue Inc.

Court

Supreme Court of British Columbia

The court held the tenant gave sufficient notice to graduate from Stage 1 to Stage 2, the lease remained in force, and the landlord interfered with quiet enjoyment in part.

• Quiet enjoyment
• Notice
• Contract interpretation
• Renewal options
• Land title act s.73(1)
• Termination

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Pringle v. Ritchie-Smith Feeds, Inc

Court

Supreme Court of British Columbia

The court found the plaintiff voluntarily retired after clear retirement discussions and that the defendants accepted the retirement date. The wrongful dismissal claim was dismissed.

• Retirement
• Resignation
• Notice
• Wrongful dismissal
• Acceptance of offer
• Detrimental reliance

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SR v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The appeal is dismissed because the Request for Reconsideration was late (Appellant became aware in September 2024 but did not file until received January 8, 2025), the Appellant failed to prove a reasonable explanation for the post-September 2024 delay or a continuing intention during that period, and the Commission’s March 11, 2025 decision to refuse reconsideration was exercised judicially so the Tribunal lacked authority to vary it.

Source excerpt

• Reconsideration
• Late filing
• Jurisdiction
• Discretionary refusal
• Notice
• Overpayment

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L.K. v. D.W.D.

Court

Yukon Court of Appeal

Appeal allowed after the Court found the self-represented appellant lacked notice that the hearing would proceed as a summary trial with final orders.

• Summary trial
• Procedural fairness
• Notice
• Self-represented litigant
• Custody and access
• Division of family property

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Maritime Varsity Academy v. 3300819 NS Ltd.

Court

Supreme Court of Nova Scotia

Failure to provide a verbatim quotation in a rebuttal report is not fatal if the rebuttal clearly identifies what in the original report is being challenged and explains the basis for disagreement; however, portions of a rebuttal that do not respond to the original report or that advance new, alternative quantification or methodology without explaining why they are superior must be struck. Applying a purposive interpretation of Rule 55.05, the court struck paragraphs 28–61 and 86–96 and admitted the remainder of the rebuttal report.

Source excerpt

• Expert evidence
• Rebuttal expert reports
• Striking expert evidence
• Interpretation of procedural rules
• Trial fairness
• Notice

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Lonking (China) Machinery Sales Co. Ltd. v. Zhao

Court

Supreme Court of British Columbia

The BC Supreme Court refused recognition of two Chinese default judgments, finding service by publication and mail did not give the defendants adequate notice.

• Service of process
• Natural justice
• Jurisdiction
• Default judgment
• Substitutional service
• Notice

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MJ v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Appeal dismissed because the General Division did not err: the evidence supported that the claimant was aware of the PHO and employer communications and knowingly failed to comply; employer policies or PHOs need not have been in the original employment contract to constitute grounds for misconduct; issues about legality or accommodations were outside the Tribunal’s remit.

Source excerpt

• Misconduct
• Vaccination policy
• Provincial health order
• Notice
• Reasonable accommodation
• Collective agreement

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McLean v. Canada (Attorney General)

Court

Federal Court

The Federal Court refused to extend the Indian Day Schools claims deadline, holding the agreement allowed only limited individual extensions and no class-wide rewrite.

• Settlement approval
• Supervisory jurisdiction
• Claims deadline
• Notice and dissemination
• Take-up rate
• Standing

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