Canada Case Law

Newfoundland and Labrador (Information and Privacy Commissioner) v. Beverage Industry Association of Newfoundland and Labrador

Court

Newfoundland and Labrador Court of Appeal

The Court held that 'of a third party' in s.39(1) requires that the third party own the information; because the Information was the sole property of ALC the VLT operators (via BIA) did not have a proprietary interest attracting s.39 protection, the Department therefore had no obligation under s.19(1) to notify them, and s.96(1) is discretionary so the Commissioner did not breach procedural fairness by not inviting representations from non-notified persons; appeal allowed.

Source excerpt

• Third party notice
• Business interests exception
• Proprietary interest
• Procedural fairness
• Section 19
• Section 39

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Scala Development Consultant Ltd. v. Anderson

Court

Supreme Court of British Columbia

The court granted a preservation order restraining the defendant from disposing of construction equipment pending resolution of the plaintiffs’ claim.

• Preservation order
• Possessory dispute
• Proprietary interest
• Balance of convenience
• Conversion
• Preservation-order

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Shair.Com Global Digital Services Ltd. v. Arnold

Court

Supreme Court of British Columbia

Ex parte application seeking preservation and Mareva relief over a company laptop and digital currencies. The court granted preservation orders but refused to freeze the defendant’s other assets.

• Preservation order
• Mareva injunction
• Digital currency
• Misappropriation
• Proprietary interest
• Balance of convenience

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Fudge v. Lettice

Court

Supreme Court of Nova Scotia

Court found all three elements of unjust enrichment proven: respondent was enriched by applicant's financial and non-financial contributions, applicant suffered corresponding deprivation, and no juristic reason barred compensation; court concluded a joint family venture existed and awarded applicant a 50% proprietary interest in the home (net home value $96,385.00; applicant's share $48,417.50) and dismissed respondent's claim for spousal support.

Source excerpt

• Unjust enrichment
• Proprietary interest
• Joint family venture
• Maintenance and custody act
• Quantum meruit/value survived

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Joshi v. Joshi

Court

Supreme Court of British Columbia

The plaintiff’s summary trial application over a claimed 60% interest in a Vancouver home was dismissed because key factual disputes could not be resolved on affidavit evidence.

• Co-ownership
• Proprietary interest
• Duress
• Unjust enrichment
• Summary disposition
• Partition and sale

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Houston v. Houston

Court

Supreme Court of British Columbia

In a wills variation action, the court granted interim preservation relief, ordering sale proceeds held in trust and directing removal of the CPL so the sale could close.

• Wills variation act
• Certificate of pending litigation
• Interim preservation order
• Proprietary interest
• Unjust enrichment
• Mortgage

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Lyons v. Multari

Court

Court of Appeal for Ontario

Although the employer had a protectable proprietary interest in a core group of referring dentists, the 3 year/5 mile non-competition covenant was unenforceable because the employer's legitimate interest in clients could have been protected by a non-solicitation clause and this was not an exceptional case warranting a broad non-competition restraint; accordingly the plaintiff's action based on that covenant must be dismissed.

Source excerpt

• Restrictive covenants
• Non-competition
• Non-solicitation
• Goodwill
• Proprietary interest
• Reasonableness test

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