Canada Case Law

Patel v. Dermaspark Products Inc.

Court

Federal Court of Appeal

The appeal is dismissed: the Federal Court's factual findings and credibility determinations were amply supported and not vitiated by palpable and overriding error; the awards of compensatory/statutory damages, punitive damages and compound interest were within judicial discretion and lawful; personal liability of the director was properly imposed under Mentmore; prejudgment interest applies to all damages except the $25,000 awarded as punitive damages.

Source excerpt

• Copyright infringement
• Trademark infringement
• Passing off
• Unfair competition
• Statutory and lump sum damages
• Punitive (exemplary) damages

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Tomar v. Chandan

Court

Supreme Court of British Columbia

On summary trial, the court enforced a share purchase agreement, found the defendant breached by not paying the balance by May 31, 2024, and dismissed an indemnity claim.

• Breach of contract
• Specific performance/enforcement
• Indemnity
• Pre-judgment and post-judgment interest
• Costs
• Summary trial suitability

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Hynds (Re)

Court

Supreme Court of British Columbia

The registrar passed the accounts, found the executor had used estate funds for his own benefit, fixed nominal remuneration, ordered interest, and awarded special costs.

• Passing of accounts
• Executor remuneration
• Trustee removal
• Misappropriation of estate funds
• Costs
• Pre-judgment and post-judgment interest

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Kruger v. PortLiving Properties Inc.

Court

Supreme Court of British Columbia

The court held the defendants owed $1 million under a SPA put right and guarantee, rejecting their argument that implied best-efforts terms excused payment.

• Implied terms
• Put right/put option
• Guarantee payable on demand
• Forbearance agreement
• Receiver appointment
• Entire agreement clause

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1095338 B.C. Ltd. v. Extreme Doors Ltd.

Court

Supreme Court of British Columbia

The court dismissed the defendant’s application to set aside default judgment, found service and delay issues fatal, and assessed damages for the plaintiff.

• Setting aside default judgment
• Service of process
• Miracle feeds factors
• Assessment of damages
• Pre‑judgment and post‑judgment interest
• Setting-aside-default-judgment

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Alberta v. Canadian Copyright Licensing Agency (Access Copyright)

Court

Federal Court

The Federal Court held the plaintiffs were not licensees for 2013-2015, rejected Access Copyright’s equitable claims and set-off, and ordered a refund of overpayments with interest.

• Statutory licence
• Collective society tariff
• Offer to pay
• Unjust enrichment
• Estoppel
• Equitable set-off

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Mah Estate v. Lawrence

Court

Supreme Court of British Columbia

Summary trial over a Mustang sale found the defendant bound by a $35,000 contract, in breach after paying only $2,000, with reasonable indemnity costs awarded.

• Breach of contract
• Promissory note enforcement
• Promissory estoppel
• Caveat emptor
• Contract interpretation
• Summary trial suitability

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Arista Homes (Richmond Hill) Inc. v. Rahnama

Court

Court of Appeal for Ontario

The proper measure of loss of bargain damages is the difference between the APS price and the bona fide resale price obtained by the vendor after reasonable mitigation when the resale is not improvident; the respondent was liable for that difference, the contracted 12% interest rate stands, no deduction for interest on the deposit is warranted absent evidence, and the costs award below is adjusted accordingly.

Source excerpt

• Loss of bargain damages
• Mitigation of damages
• Agency/frustration defence
• Pre-judgment and post-judgment interest
• Costs and offers to settle

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Dunn’s Famous International Holdings Inc. v. Devine

Court

Federal Court

Default judgment was granted in part in this trademark case, with injunctions, delivery up, damages against defaulting defendants, and the copyright claim dismissed.

• Default judgment
• Bifurcation
• Personal liability of directors
• Delivery up of domain names
• Injunction
• Damages

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Kuehne + Nagel Inc. v. Harman Inc.

Court

Federal Court

The Federal Court granted summary judgment for unpaid seafreight, dismissed the counterclaim, refused punitive damages, and rejected personal costs against defence counsel.

• Unpaid seafreight
• Volume incentive rebate
• Set-off
• Rule 404 (solicitor liability)
• Punitive damages
• Pre-judgment and post-judgment interest

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