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Canada Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Property 2024 BCSC 2018

1071583 BC Ltd. v. TM Mobile Inc.

The court found trespass by a power line on the plaintiff’s land, but held the plaintiff consented until June 2018. Generator and solar costs were denied; mesne profits were awarded.

  • Trespass
  • Consent/acquiescence
  • Mesne profits
  • Special damages (compensatory)
  • Punitive/exemplary damages
  • Consent-acquiescence
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Tort 2024 FC 1219

Corriveau v. Canada (the King)

The Federal Court granted a class-action discovery motion only in part, ordering particulars on allegedly inappropriate medical procedures and punitive damages, but refusing broader document and discovery requests.

  • Systemic negligence
  • Vicarious liability
  • Sexual assault and battery
  • Particulars and pleading
  • Affidavit of documents
  • Examination for discovery
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Employment law 2021 FC 1316

Dengedza v. Canadian Imperial Bank of Commerce

Judicial review of an unjust dismissal remedy decision: the Court upheld most of the adjudicator’s reasoning, but sent the UBER earnings deduction issue back.

  • Unjust dismissal
  • Mitigation of damages
  • Punitive/exemplary damages
  • Bonus entitlement
  • Procedural agreement
  • Reasonable notice
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Intellectual property 2016 FC 950

Microsoft Corporation v. Liu

Federal Court found Shufeng Liu infringed Microsoft’s copyright in five programs by selling unlicensed copies, and awarded statutory and punitive damages, interest, costs, and a permanent injunction.

  • Statutory damages
  • Punitive/exemplary damages
  • Permanent injunction
  • Authorization of infringement
  • Hard disk loading
  • Costs and interest
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Insurance law 2016 BCSC 422

Bahniwal v. The Mutual Fire Insurance Company of British Columbia

The court found the insureds did not know of a marijuana grow operation, upheld coverage, denied replacement cost because replacement was not completed, and awarded actual cash value only.

  • Misrepresentation
  • Material change
  • Replacement cost vs actual cash value
  • Indemnity
  • Punitive/exemplary damages
  • Statutory conditions
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Civil procedure 2013 NSSC 350

National Bank Financial Ltd. v. Potter

Because Nova Scotia's Judicature Act does not expressly prohibit prejudgment interest on punitive damages but the court retains discretion under s.41 and punitive damages are assessed at judgment as punishment (with the amount reflecting value at judgment and inflation), awarding prejudgment interest on punitive awards would be improper; therefore prejudgment interest on punitive damages was denied. Regarding gross v net, the court held the intent to disgorge NBFL of any benefit from margin debts requires denying NBFL prejudgment interest on those debts and awarding prejudgment interest to Du…

  • Prejudgment interest
  • Punitive/exemplary damages
  • Set-off
  • Disgorgement
  • Fiduciary duty
  • Margin debt
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Torts 2012 BCSC 1449

Thornber v. Campbell

Following a brutal unprovoked assault, the court awarded Dale Thornber $125,000 in non-pecuniary damages and $7,129.90 for dental costs, but no punitive damages.

  • Assault
  • Ptsd
  • Non-pecuniary damages
  • Special damages
  • Punitive/exemplary damages
  • Default judgment
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Contract 2010 BCSC 55

Wepruk v. Great Canadian Van Lines Ltd.

Appeal dismissed in a dispute over a lost antique piano. The court upheld contractual liability, the damages assessment, and the refusal of punitive damages.

  • Breach of contract
  • Negligence
  • Assessment of damages
  • Aggravated damages
  • Punitive/exemplary damages
  • Remoteness/hadley v. baxendale
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Copyright law 2009 FC 401

Microsoft Corporation v. PC Village Co. Ltd.

Federal Court default judgment for Microsoft for copyright and trademark infringement by PC Village businesses, with statutory damages, punitive damages, costs and an injunction.

  • Default judgment
  • Statutory damages s.38.1 copyright act
  • Punitive/exemplary damages
  • Injunctions
  • Service of process
  • Liability of individuals for corporate infringement
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.